Cotton v. Callahan

976 F. Supp. 1243, 1997 WL 579203
CourtDistrict Court, S.D. Iowa
DecidedAugust 8, 1997
DocketCivil No. 3-96-CV-10168
StatusPublished

This text of 976 F. Supp. 1243 (Cotton v. Callahan) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cotton v. Callahan, 976 F. Supp. 1243, 1997 WL 579203 (S.D. Iowa 1997).

Opinion

ORDER

LONGSTAFF, District Judge.

Plaintiff seeks review of the Commissioner of Health and Human Services’ decision denying her disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seg., and supplemental security income benefits (“SSI”) under Title XVI of the Act, 42 U.S.C. §§ 1381 et seq. Pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), this Court may review the final decision of the Commissioner.

I. PROCEDURAL HISTORY

Plaintiff Debra Cotton, age 40 on the date of the hearing, applied for SSI on January II, 1994, alleging disability since January 28, 1994. She was denied benefits and a reconsideration of that decision. She filed an additional application for disability insurance benefits on January 9, 1996, which application was also denied initially and on reconsideration. A hearing was held on January 9, 1996 before an administrative law judge (“ALJ”). In a written decision dated February 21, 1996, the ALJ found plaintiff was not under a disability as defined by the Act, and denied her application. On October 25,1996, after considering additional evidence, the Appeals Council of the Social Security Administration denied plaintiffs request for review. The decision of the ALJ thus stands as the final decision of the Commissioner. This action for judicial review was commenced November 14,1996.

II. FINDINGS OF THE COMMISSIONER

The ALJ found the medical evidence to establish that plaintiff suffers from: “severe left arm damage, mitral valve prolapse, and pain, but that she does not have an impairment or combination of impairments listed in, or medically equal to one listed in Appendix 1, Subpart P, Regulations No. 4.” Tr. 17.

The ALJ determined that plaintiffs testimony concerning the severity and intensity of her symptoms was not fully credible. Tr. 17. The ALJ further found plaintiff has the residual functional capacity:

to perform the physical exertion and nonexertional requirements of work except for being limited to lifting up to 20 pounds occasionally and up to 10 pounds frequently with her right arm, but lifting only 5 pounds with her left arm, has to have a seated job, limited in pushing and/ or pulling and in lifting overhead with both arms, cannot have repeated strenuous use of her left arm, and needs low physical activity.

The ALJ found that plaintiffs impairments prevent her from returning to her past relevant work as a hand packager, nursery school attendant, housekeeping cleaner, and machine washer, (Tr. 17), but that a significant number of sedentary jobs exist in the national economy that plaintiff is able to perform. Tr. 18.

III.APPLICABLE LAW AND DISCUSSION

A. Governing Law

A court must affirm the decision of the Commissioner if substantial evidence on the record as a whole supports the decision. 42 U.S.C. § 405(g). “Substantial evidence is less than a preponderance, but enough so that a reasonable mind might accept it as adequate to support a conclusion.” Johnson v. Chater, 108 F.3d 942, 943 (8th Cir.1997). A court may not reverse merely because substantial evidence would have supported an opposite decision. Locker v. Sullivan, 968 F.2d 725, 727 (8th Cir.1992). “If, after review, we find it possible to draw two inconsistent positions from the evidence and one of those positions represents the Commissioner’s findings, we must affirm the denial of benefits.” Mapes v. Chater, 82 F.3d 259, 260 (8th Cir.1996).

In the present case, plaintiff asserts that the Commissioner erred in several respects. First, she argues that the ALJ erred by improperly discrediting her subjective testi[1246]*1246mony. Second, she asserts that the ALJ failed to give the opinions of her treating physicians sufficient consideration. Thirdly, plaintiff argues that the ALJ improperly applied the “grids” to conclude that she was not disabled. Finally, plaintiff asserts that the vocational expert testimony did not constitute substantial evidence in the record as a whole.

B. Plaintiffs Subjective Complaints

The Commissioner may discount subjective complaints when they are inconsistent with the record as a whole. See Chamberlain v. Shalala, 47 F.3d 1489, 1494 (8th Cir.1995); Stout v. Shalala, 988 F.2d 853, 855 (8th Cir.1993). While the lack of objective medical evidence is one factor to consider, an ALJ is prohibited from disregarding a claimant’s subjective testimony solely because it is contradicted by objective medical evidence. Beeler v. Bowen, 833 F.2d 124, 127 (8th Cir.1987). To determine whether a claimant’s subjective complaints are credible, an ALJ must consider all relevant information, including “the claimant’s prior work record, and observations by third parties and treating and examining physicians relating to such matters as: (1) the claimant’s daily activities; (2) the duration, frequency and intensity of the pain; (3) precipitating and aggravating factors; (4) dosage, effectiveness and side effects of medication; and (5) functional restrictions.” Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984). The ultimate issue is not whether plaintiff experiences pain, but whether his subjective complaints of pain are credible to the extent that the pain is disabling. See Woolf v. Shalala, 3 F.3d 1210, 1213 (8th Cir.1993); Pickner v. Sullivan, 985 F.2d 401, 404 (8th Cir.1993).

In the present case, although the ALJ states he considered the Polaski factors in discounting plaintiffs complaints of pain, the Court finds the record is not sufficiently developed to support his conclusions. For example, the ALJ asserts plaintiffs hearing testimony was inconsistent with reports given to her treating physician, presumably regarding her complaints of pain. Tr. 14. The ALJ fails to explain the alleged inconsistencies, however. In a somewhat similar case, in which the plaintiff complained of severe back pain and an alleged need to lie down during the day, the Eighth Circuit held:

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Related

Shalala v. Schaefer
509 U.S. 292 (Supreme Court, 1993)
Beeler v. Bowen
833 F.2d 124 (Eighth Circuit, 1987)

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Bluebook (online)
976 F. Supp. 1243, 1997 WL 579203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cotton-v-callahan-iasd-1997.