Carol A. MARCINIAK, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee

49 F.3d 1350, 1995 U.S. App. LEXIS 4926, 1995 WL 107503
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 15, 1995
Docket94-1137
StatusPublished
Cited by51 cases

This text of 49 F.3d 1350 (Carol A. MARCINIAK, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carol A. MARCINIAK, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee, 49 F.3d 1350, 1995 U.S. App. LEXIS 4926, 1995 WL 107503 (8th Cir. 1995).

Opinion

*1352 HANSEN, Circuit Judge.

Carol A. Marciniak appeals from the district court’s 1 grant of summary judgment in favor of the Secretary of Health and Human Services (Secretary), affirming the Secretary’s decision to deny her application for disability insurance benefits. For the reasons discussed below, we affirm.

At the time of the hearing before the Administrative Law Judge (ALJ), Marciniak was a 43-year-old woman with a high school education who had worked for the past ten years as a library aide in the public schools. The job coincided with the school calendar year, and on May 31, 1990, Marciniak was laid off due to staff reductions. Marciniak’s application for benefits claims that her disability began on May 31, 1990, because she would not have been able to work the following school year due to her medical condition.

Marciniak has a history of scoliosis (curvature of the spine). She wore a back brace as a teenager and lived for many years thereafter without serious pain or significant medical-treatment. In 1987, Marciniak began to experience increased pain in her back and neck. She then sought medical treatment and was diagnosed with adult idiopathic scoliosis, for which corrective surgery was necessary. Marciniak underwent surgery in June 1988, for spinal fusion and insertion of a system of metal hooks and rods into her spine (a procedure called Harrington rod instrumentation). After several months off of work for recovery from surgery, Marciniak began a gradual return to work.

In April 1990, Marciniak was injured at work from a fall in which she twisted her neck and back. She returned to work two days after the incident and continued working until laid off on May 31, 1990.

In October 1990, a small disc herniation was discovered when Marciniak sought treatment for increased back pain. She was advised to continue a general exercise program and to return to work, avoiding activity that would require repeated neck movements or maintaining her neck in a fixed period for an extended period of time (however, her job had already been terminated).

In April 1991, Marciniak was examined by Dr. Person in connection with a worker’s compensation eligibility claim. She complained of headaches, shoulder pain, back pain, spinal pain, and numbness in her fingers. Dr. Person noted that she had been taking primarily aspirin for pain, Hydrocor-don for severe pain, and she was walking two miles a day for exercise. Dr. Person diagnosed Marciniak with thoracolumbar scoliosis with multiple-level arthritis and a degenerative disc disease. In his opinion, Marciniak “qualified as having a disability as set forth in the listing of impairments from May 1990 to the present.” (R. at 183.) In the same breath, however, Dr. Person also indicated that Marciniak could perform sedentary work on a sustained and competitive basis from May 1990 through the date of his examination with a ten pound weight restriction and further restrictions on bending and rotating due to decreased flexibility of her spine.

Marciniak testified at the hearing that her work activities as a library aide, which required a good deal of walking, bending, and lifting, made her very sore. She testified that she can infrequently lift two to three pounds, that she can stand only 15 minutes in one place but up to an hour if allowed to move around, that she has trouble sitting for long periods of time, and that she has constant pain in her back which sometimes radiates into her legs and arms, causing anxiety, “grumpiness,” and problems concentrating. Marciniak testified that she lays down as often as three times a day to manage her pain. Marciniak can no longer go grocery shopping without help, and her ability to drive a car is limited due to difficulty turning her head from side to side. She stated that she does not regularly take pain medications because she does not want to become dependent on drugs.

A vocational expert (VE) testified that, if he credited all of Marciniak’s subjective complaints and limitations, there would be no *1353 jobs in the national economy that Marciniak could perform, and a finding of disabled would be required. If the VE assumed the same vocational profile along with sedentary lifting abilities (10 pounds infrequently, 5 pounds frequently), a need to change positions frequently, the capacity to sit for an hour and stand for two hours, and limited twisting and bending abilities, then- the VE concluded that the person would be capable' of performing some sedentary jobs.

The ALJ found that Marciniak had severe impairments consisting of a severe small disc herniation and status post internal Harrington rod fixation but that she does not have an impairment or combination of impairments listed or medically equal to a listed impairment. The ALJ found Marciniak’s subjective complaints and limitations were “[f]or the most part” credible and supported by the objective medical evidence. (R. at 36.) However, the ALJ discounted the extent of her pain, i.e., her need to sleep or rest during the day due to pain and her complaints of anxiety, irritability, and forgetfulness due to pain, because of a lack of documentation concerning these complaints. The ALJ denied benefits, concluding that Marciniak was not disabled because, although she could not perform her past relevant work, she retained the residual functional capacity to perform a significant number -of sedentary jobs in the national economy.

Marciniak sought judicial review. The district court concluded that the Secretary’s decision to deny benefits was supported by substantial evidence on the whole record. Marciniak appeals, contending (1) that her impairments are medically equal to a listed impairment and (2) that the ALJ improperly discredited her testimony concerning the extent of her pain and functional limitations.

We must affirm the decision of the district court if there is substantial evidence on the record as a whole to support the determinations of the ALJ. Metz v. Shalala, 49 F.3d 374, 376 (8th Cir.1995). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. In sum, we may not substitute our judgment for that of the ALJ.” Id. (internal citations omitted).

“For a claimant to show that [her] impairment matches a listing, it must meet all of the specified medical criteria.” Sullivan v. Zebley, 493 U.S. 521, 530, 110 S.Ct. 885, 891, 107 L.Ed.2d 967 (1990). Marciniak concedes that her impairment does not meet all of the medical criteria for any listed impairment but contends that in combination, her impairments are medically equal to the “Disorders of the Spine” impairment listed at section 1.05(C), which is described as follows:

C. Other vertebrogenic disorders (e.g., herniated nucleus puplosus, spinal steno-sis) with the following persisting for at least 3 months despite prescribed therapy and expected to last 12 months. With both 1 and 2:
1. Pain, muscle spasm, and significant limitation of motion in the spine; and

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49 F.3d 1350, 1995 U.S. App. LEXIS 4926, 1995 WL 107503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carol-a-marciniak-plaintiff-appellant-v-donna-e-shalala-secretary-of-ca8-1995.