Dora ORRICK, Plaintiff-Appellant, v. Louis M. SULLIVAN, Secretary of Health and Human Services, Defendants-Appellees

966 F.2d 368, 1992 U.S. App. LEXIS 12349, 1992 WL 115842
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 3, 1992
Docket91-2436
StatusPublished
Cited by64 cases

This text of 966 F.2d 368 (Dora ORRICK, Plaintiff-Appellant, v. Louis M. SULLIVAN, Secretary of Health and Human Services, Defendants-Appellees) 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
Dora ORRICK, Plaintiff-Appellant, v. Louis M. SULLIVAN, Secretary of Health and Human Services, Defendants-Appellees, 966 F.2d 368, 1992 U.S. App. LEXIS 12349, 1992 WL 115842 (8th Cir. 1992).

Opinion

PER CURIAM.

Dora Orrick appeals the district court’s 1 order affirming the decision of the Secretary of Health and Human Services to deny her disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 423. We agree with the district court that there is substantial evidence on the record as a whole to support the Secretary’s decision. Accordingly, we affirm.

Plaintiff’s claim for benefits was first presented to an Administrative Law Judge and it was disallowed. The Appeals Council denied the request for review making the AU’s determination the final decision of the Secretary.

I.

Plaintiff’s first assertion of error on appeal is that the Secretary’s decision is not supported by substantial evidence. Our review of the agency decision is therefore limited to the consideration of this assertion.

Plaintiff was born August 13, 1928. She was fifty-eight years old at the time of the decision of the ALL Plaintiff has a high school education and one-year of college. She worked as a barber-hairdresser for many years, but was unable to continue regular work after 1976 because of arthritis, hernia, nervousness, high blood pressure and ulcers. Between 1976 and 1987 plaintiff worked on and off and stopped working in January 1987. She never earned more than $2,000 per year as a barber from 1978 to 1986.

At the hearing before the AU, plaintiff testified she cut men’s and women’s hair and worked in pain every day for two-arid-one-half years before January 1987. Her work required her to stand on her feet, get into every kind of position you can think of, lift a 200 pound man, use her arms and hands and do additional lifting when shaving a man.

Plaintiff also stated she was in bed nearly all day and never felt like doing any *370 thing. Sometimes she would wash dishes and rinse them the next day. Neighbors and friends helped her with her housework. She has trouble using her hands because of a pinched nerve in her elbow and she is nervous and depressed. Plaintiff states that she is no longer able to drive an automobile and sometimes is unable to fasten her shoes, fix her hair or lift household or cooking items.

A daughter-in-law of plaintiff and neighbors and friends testified in person before the AU or by written statement. In general, they concluded that plaintiff’s condition worsened in 1987 so that she could not drive, cut hair, hold a job or do housework.

It appears uncontested that plaintiffs disability insured status expired December 31, 1978. Therefore, to qualify for Social Security disability benefits, she must show she was disabled before December 31, 1978. Johnson v. Richardson, 486 F.2d 1023, 1024 (8th Cir.1973); Harapat v. Califano, 598 F.2d 474, 475 (8th Cir.1979).

The medical evidence of Dr. Joe E. Hughes reveals that as of December 1, 1976, plaintiff had a duodenal ulcer, chronic low back pain, etiology undetermined, nervousness, all under control by medication. Although Dr. Hughes stated on December 1, 1976 that plaintiff “is not able to perform any meaningful gainful employment in regards to her limitations from the low back pain” these problems apparently did not preclude plaintiff from working as a barber as she continued to work until January 1987.

Dr. Ted Lancaster examined plaintiff at the same time as did Dr. Hughes. Dr. Lancaster concluded that plaintiff was not unemployable, but that she should avoid heavy lifting or prolonged physical activity.

Although plaintiff complained of low back pain before December 31, 1978, which according to the doctors was of a chronic nature, again, this did not appear to have prevented her from working. In fact, after quitting in January 1987, plaintiff worked for a brief period in March 1987.

There is, therefore, substantial evidence on the record as a whole to support the Secretary’s decision that plaintiff was not disabled within the meaning of the act before December 31, 1978. Accordingly, she may not qualify for Social Security disability benefits.

Plaintiff’s claim for supplemental security income (SSI) disability benefits under 42 U.S.C. § 1381-1383c (1991) was filed April 7, 1987. No significant medical complaints were made by plaintiff between 1978 and 1983. In October 1984, plaintiff was hospitalized for her ulcer problem and was treated for that as well as for a urinary tract infection, depression and menopausal syndrome.

From October 1984 to April 1987, plaintiff was treated for her ulcer, high blood pressure, back pain and depression. Medication controlled these problems. X-rays were taken randomly throughout the period, and revealed some arthritic changes. In April 1987, lumbar and skull films were negative. Dr. Lancaster, at the time, stated plaintiff’s personal appearance remained good and he assumed she was still functioning as a barber.

On July 17, 1987 Dr. Lancaster referred plaintiff to Dr. B.J. Bakhtian for a neurological evaluation. Dr. Bakhtian found there was tenderness in the right ulnar nerve groove at the elbow. Range of motion in the neck was within normal limits. Cervical spine x-rays were within normal limits. His impression was plaintiff suffered neck and intrascapular pain. He eliminated cervical osteoarthritis and right ulnar nerve neuropathy.

At another visit on July 27, 1987, Dr. Bakhtian felt plaintiff’s neurological condition was unchanged. She had an MRI which revealed very mild degenerative os-teoarthropathy without any cord compression. Cervical spine x-rays were unremarkable. Plaintiff wished to be treated conservatively and physical therapy was recommended.

Dr. Randy D. Roberts examined plaintiff in late 1987. He stated in his report of November 25, 1987 that plaintiff suffered myofascitis. This is a muscular pain condition causing discomfort through her neck *371 and upper back. It is a chronic condition which can be exacerbated by very strenuous activity. It is generally improved with exercise, but is worse with lack of exercise. Myofascitis usually responds to medication. Dr. Roberts felt plaintiff would continue to have problems for an indefinite period but that she could manage clerical and less strenuous occupations.

The ALJ found that plaintiff has myofas-citis, a duodenal ulcer and hypertension, the latter two of which are controlled by medicine. He also determined that plaintiff was not disabled because she retained the residual functional capacity to perform light work activity and has the residual functional capacity to perform the basic work activities of her past relevant work as a hairdresser.

In Robinson v. Sullivan, 956 F.2d 836, 838 (8th Cir.1992), we stated,

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966 F.2d 368, 1992 U.S. App. LEXIS 12349, 1992 WL 115842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dora-orrick-plaintiff-appellant-v-louis-m-sullivan-secretary-of-health-ca8-1992.