Crist v. Bowen

682 F. Supp. 412, 1988 U.S. Dist. LEXIS 2383, 1988 WL 24109
CourtDistrict Court, N.D. Indiana
DecidedMarch 23, 1988
DocketCiv. No. L 87-68
StatusPublished
Cited by1 cases

This text of 682 F. Supp. 412 (Crist v. Bowen) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crist v. Bowen, 682 F. Supp. 412, 1988 U.S. Dist. LEXIS 2383, 1988 WL 24109 (N.D. Ind. 1988).

Opinion

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This is an action related to those provisions of the Social Security Act which provide for establishment of a period of disability and payment of disability insurance [413]*413benefits where the requirements specified therein have been met. 42 U.S.C. §§ 416(i) and 423. The jurisdiction of this court to review the final decision of the Secretary is stated at 42 U.S.C. § 405(g).

The plaintiff filed application for benefits on December 9, 1985, alleging an onset date of April 15, 1983. Her application was denied both initially and on her request for reconsideration. On September 15, 1986, a hearing was held before Administrative Law Judge (ALJ) Castelli, who issued his decision on October 28,1986, finding specifically as follows:

1. The claimant met the disability insured status requirements of the Act on April 15, 1983, the date the claimant stated she became unable to work, and continues to meet them December 81, 1988.
2. The claimant has not engaged in substantial gainful activity since April 15, 1983.
3. The medical evidence establishes that the claimant has severe back pain and asthma, 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.
4. The claimant’s subjective complaints with regard to pain and restricted or limited daily activities are not supported by the objective medical evidence or by her pain regimen and despite her subjective complaints, she retains the residual functional capacity to perform at least sedentary work activity.
5. The claimant has the residual functional capacity to perform the physical exertion and non-exertional requirements of work except for walking or standing for extended periods of time, lifting or carrying more than 10 pounds, working in an environment where she would be subject to excessive dust, fumes, air pollutants and other lung irritants, and necessity to alternately sit or stand as she desires for comfort (20 CFR 404.1545 and 416.945).
6. The claimant is unable to perform her past relevant work as department head who was required to stock shelves but in all probability could perform similar types of work she did in the past as a cashier.
7. The claimant’s residual functional capacity for the full range of sedentary work is reduced by walking or standing for extended periods of time, lifting or carrying more than 10 pounds, working in an environment where she would be subject to excessive dust, fumes, air pollutants and other lung irritants, and necessity to alternately sit or stand as she desires for comfort.
8. The claimant is 48 years old, which is defined as younger individual (20 CFR 404.1563 and 416.963).
9. The claimant has a high school education (20 CFR 404.1564 and 416.-964).
10. The claimant does not have any acquired work skills which are transferable to the skilled or semi-skilled work activities of other work (20 CFR 404.1568 and 416.968).
11. Based on an exertional capacity for sedentary, and the claimant’s age, education, and work experience, Section 404.1569 of Regulations No. 4 and 416.969 of Regulations No. 16, and Rule 201.21, Table No. 1, Appendix 2, Subpart P, Regulations No. 4 would direct a conclusion of “not disabled.”
12. Although the claimant’s additional non-exertional limitations do not allow her to perform the full range of sedentary work, using the above-cited rule as a framework for decision-making, there are a significant number of jobs in the national economy which she could perform. Examples of such jobs are: cashier in a department store.
13. The claimant was not under a “disability,” as defined in the Social Security Act, at any time through the [414]*414date of this decision (20 CFR 404.-1520(f) and 416.920(f)).

The plaintiff requested review by the Appeals Council. Upon denial, the decision of the ALJ became the final decision of the Secretary and appealable to this court. Both sides have filed motions for summary judgment and the issues have been fully briefed. Therefore, the matter is ripe for ruling.

I.

Where the AU’s findings and conclusion have been affirmed as the final decision of the Secretary, the ALJ’s opinion as to disability must be upheld if it is supported by substantial evidence on the record as a whole. Walker v. Bowen, 834 F.2d 635 (7th Cir.1987); Smith v. Schweiker, 735 F.2d 267, 270 (7th Cir.1984), taking into account “whatever in the record fairly detracts from its weight.” Sears v. Bowen, 840 F.2d 394 (7th Cir.1988), quoting Bauzo v. Bowen, 803 F.2d 917, 923 (7th Cir.1986).

Substantial evidence is “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971), quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938); Sears v. Bowen, 840 F.2d 394, 397-98 (7th Cir.1988); Bauzo v. Bowen, 803 F.2d 917, 912 (7th Cir.1986). Although substantial evidence means more than a “mere scintilla”, Richardson, 402 U.S. at 401, 91 S.Ct. at 1427, it is “something less than the weight of the evidence.” Delgado v. Bowen, 782 F.2d 79 (7th Cir.1986), quoting Consolo v. Federal Maritime Commission, 383 U.S. 607, 620, 86 S.Ct. 1018, 1026-27, 16 L.Ed.2d 131 (1966).

The specific issue here is whether the AU properly used the Grid to determine that the plaintiff retained the residual functional capacity (RFC) for past work as a cashier or for other sedentary work despite exertional and non-exertional limitations. The overriding issue, however, is whether substantial evidence supports the AU’s finding of a capacity for any sedentary work on a sustained basis.

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Bluebook (online)
682 F. Supp. 412, 1988 U.S. Dist. LEXIS 2383, 1988 WL 24109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crist-v-bowen-innd-1988.