Byron Hash v. Commissioner of Social Security

309 F. App'x 981
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 10, 2009
Docket08-5654
StatusUnpublished
Cited by10 cases

This text of 309 F. App'x 981 (Byron Hash v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Byron Hash v. Commissioner of Social Security, 309 F. App'x 981 (6th Cir. 2009).

Opinion

OPINION

COLE, Circuit Judge.

Claimantr-Appellant Byron Hash appeals the district court’s Opinion and Order *982 adopting the magistrate judge’s Report and Recommendation (“R & R”) affirming the denial of his application for Disability Insurance Benefits (“DIB”) under 42 U.S.C. § 405(g) by Defendant-Appellee Commissioner of Social Security (“Commissioner”). Hash contends that the district court’s decision was improper because the findings by the Administrative Law Judge (“ALJ”) as to Hash’s physical and mental limitations are not supported by substantial evidence. Hash also argues that the district court incorrectly adopted the ALJ’s determination that Hash’s subjective complaints were not credible. For the following reasons, we AFFIRM the district court’s judgment dismissing Hash’s claim.

I. BACKGROUND

A. Factual Background

Hash is a fifty-five-year-old high school graduate with no additional schooling or job training who alleges that his back injuries, in combination with his depression, constitute disabilities entitling him to collect DIB. Hash worked as a pattern operator for Fruit of the Loom from 1978 through 1998 and as a welder for Midwest Stamping from 1998 through 2002. In April 2002, Hash injured his back lifting parts weighing between thirty and forty pounds that are used in the production of pick-up trucks. As a result, he could no longer perform the normal lifting and bending required for his position, and he remained off work for two months. He saw Dr. Daniel Hunt, an orthopedist, who diagnosed him with musculoskeletal back strain and recommended that he return to work on restricted duty.

Although Hash was initially able to perform light-duty work upon his return to work, the requirements for his position changed in October 2002, and he had to bend continuously while lifting three to four pound weights. Hash’s back pain became intolerable, and he returned to Dr. Hunt, who recommended that Hash continue working on restricted duty.

After his follow-up appointment, however, Hash’s pain continued to increase and began to radiate down his leg until it became intolerable. As a result, Hash quit his job on October 28, 2002. In November 2002, Hash received three lumbar epidural injections, but they provided him with only minimal relief. On November 25, 2002, Hash was referred to a neurosurgeon, Dr. John Johnson, and it was recommended that he refrain from any work pending the results of the neurosurgical examination.

Hash alleges that he first became “disabled” on August 22, 2003 (the date of his fiftieth birthday). From the occurrence of his 2002 injury through the present, the following doctors and therapists have treated him for his back pain: Drs. Daniel Hunt, John Johnson, Chris R. Koford, Aral Verghis, Mark Vollenweider, and occupational therapists at Frazier Rehabilitation Institute. Hash was also treated by the following individuals for his depression: Dr. Lew Hortoillosa, and various therapists at the Louisville, Kentucky-based Adanta Clinic (“Adanta”), Dr. Wayne R. Edwards, and Stephen Scher, Ph.D. and Lisa Perritt, Ph.D.

B. Procedural History

On August 20, 2003, Hash filed his application for DIB. The Commissioner denied his claim initially and on reconsideration, and Hash timely filed a request for a hearing. On May 4, 2005, Hash appeared and testified before ALJ Roger Reynolds. *983 The Commissioner called a vocational consultant and rehabilitation counselor to testify as to what jobs, if any, Hash could perform. The consultant opined that, given Hash’s restrictions, he could still perform numerous bench assembly “types of jobs” — 8900 in Kentucky and almost 393,-200 in the national economy. He then clarified that there were approximately 5800 light-exertion level jobs with a sit-stand option available in Kentucky and approximately 346,400 such jobs existing in the national economy.

On October 6, 2005, after reviewing the relevant evidence, the ALJ concluded that Hash had failed to refute the Commissioner’s showing that a significant number of jobs existed in the national economy, which Hash could perform, making him unqualified for DIB. The ALJ determined that Hash retained the residual functional capacity (“RFC”) to perform a range of “light work” with the following restrictions:

sit-stand option at one-hour intervals, no climbing of ropes, ladders or scaffolds; no work at heights, around industrial hazards or concentrated vibration, and no commercial driving secondary to history of blackouts; occasional climbing of stairs or ramps; occasional bending, twisting, stooping, kneeling, crouching or crawling; requires entry level work with 1-2-3 step procedures, no frequent changes in work routines, no requirement for problem solving, independent planning or the setting of goals; and only occasional interaction with the general public, co-workers or supervisors.

(ALJ Decision, Joint Appendix (“JA”) 22.) According to Social Security Administration (“SSA”) regulations,

Light work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls. To be considered capable of performing a full or wide range of light work, you must have the ability to do substantially all of these activities. If someone can do light work, we determine that he or she can also do sedentary work, unless there are additional limiting factors such as loss of fine dexterity or inability to sit for long periods of time.

20 C.F.R. § 404.1567(b).

The ALJ rejected the responses to the “Spinal Impairment Questionnaire” and the RFC findings submitted by Dr. Koford regarding Hash’s back pain, determining that there was “no objective basis” for them. The ALJ also rejected the responses to the “Psychiatric/Psychological Impairment Questionnaire” and the RFC findings submitted by Dr. Hortoillosa regarding Hash’s depression, concluding that they were inconsistent with the other evidence and unsupported by both treatment records and the diagnoses of major depression and mood disorder due to general medical condition. The ALJ also found that Hash had overstated “the intensity and persistence of his symptoms,” (JA 22), and he gave Hash’s subjective statements little weight in determining Hash’s RFC.

Hash appealed the ALJ’s decision, and, on February 15, 2008, the magistrate judge rendered his R & R concluding that the Commissioner’s decision should be affirmed. Hash v. Astrue, No. 1:07-cv00125-J, 2008 WL 913278 (W.D.Ky. April *984 1, 2008) (Doc. No. 15). The district court adopted the R & R in full and dismissed Hash’s petition. Hash timely appealed.

II. ANALYSIS

A. Standard of Review

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309 F. App'x 981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byron-hash-v-commissioner-of-social-security-ca6-2009.