Esther McDonald v. Richard Schweiker, Secretary of Health and Human Services

698 F.2d 361, 1983 U.S. App. LEXIS 31054, 1 Soc. Serv. Rev. 89
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 26, 1983
Docket82-1741
StatusPublished
Cited by36 cases

This text of 698 F.2d 361 (Esther McDonald v. Richard Schweiker, Secretary of Health and Human Services) 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
Esther McDonald v. Richard Schweiker, Secretary of Health and Human Services, 698 F.2d 361, 1983 U.S. App. LEXIS 31054, 1 Soc. Serv. Rev. 89 (8th Cir. 1983).

Opinion

McMILLIAN, Circuit Judge. •

Esther McDonald filed an application for social security disability benefits on August 1, 1979, 1 alleging a disability onset date of August 8,1977. After the Secretary denied this claim twice, McDonald requested a hearing. After a hearing, the administrative law judge (ALJ) recommended that appellant’s claim be denied, and his hearing decision was adopted by the Appeals Council as the final administrative decision.

McDonald sought judicial review in the district court. The case was referred to a magistrate, who recommended affirming the decision of the Secretary of Health and Human Services. The district court adopted the magistrate’s opinion, holding that no errors of law had been committed at the administrative level, and that substantial evidence on the record as a whole supported *363 the Secretary’s findings. For reversal McDonald contends that (1) the Secretary’s finding that McDonald was capable of “light work” was improperly reached and (2) the Secretary erred in resting his decision on the Medical-Vocational Guidelines contained in Appendix 2 to Subpart P of Part 404, 20 C.F.R. § 200.00 et seq. We reverse and remand for further proceedings.

At the time of the administrative hearing, McDonald was fifty-four years old, had a high school education, and had worked approximately fifteen years as a seamstress and supervisor in a garment factory. In February, 1977, she was injured in an automobile accident. She reported chest, back, and neck pain, but returned to work after ten weeks. By August, however, her symptoms had worsened, and she was hospitalized. She has not worked since that nine-day hospital stay.

The medical evidence showed that McDonald had degenerative arthritis and a back injury which placed some limits on her ability to move easily. Her physical problems are aggravated by the pain she feels and by her psychological reaction to the pain.

Clinical psychologist Douglas Stevens saw McDonald twice, first in February, 1979, and then in September, 1980. In his first report, Dr. Stevens characterized McDonald’s fear of driving as a “phobic reaction.” He added that “her anxiety has generalized to the point that she is now socially withdrawn and very anxious in crowds. She finds herself depressed much of the time.” Dr. Stevens administered the Minnesota Multiphasic Personality Inventory (MMPI); McDonald’s results indicated an “anxious depressive reaction” and “considerable psychophysiological overlay resulting in a chronic pain syndrome that is of such severity that she finds herself unable to sustain activity at any task for more than a few minutes.” Dr. Stevens stated that McDonald was totally disabled by the pain syndrome from any substantial gainful activity. He predicted that even after extensive psychotherapy, McDonald would probably be precluded from performing “some 90% of the jobs she could have previously considered.”

In the second examination, Dr. Stevens noted that appellant’s condition had worsened. On readministration of the MMPI, he found that her depression, psychophysiological symptoms, and neuroses had become much more severe. Results of the Finger Oscillation Subtest indicated “extreme deficiency in finger dexterity.” Dr. Stevens felt that this finding showed the extent to which McDonald’s muscular tension had generalized. Dr. Stevens then performed a biofeedback evaluation. The test produced results “typically seen in headache situations” and indicated a “musculoskeletal problem responsible for the tension and pain.” Other tests showed abnormally low muscle strength of the deltoid and abdominal muscles, suggesting low back problems.

Nearly all the doctors McDonald consulted commented on the pain she felt and on her reaction to it. Her treating physician, Dr. Taylor, characterized it as “anxiety.” Her orthopedic surgeon, Dr. Steele, believed that there was “some effect” on her emotional stability. Another physician, Dr. Ozment, said that McDonald was in a “severe tension state.”

At the hearing, appellant testified that she took medication for circulation, diabetes, headaches, nerves, high blood pressure, and pain, and that her back, neck and left arm and leg hurt constantly. McDonald further testified that her hands frequently went to sleep and that she had difficulty gripping things. In a typical day, she said she spent about six daylight hours out of bed; in this time she might start breakfast, start washing the dishes, put laundry in the washer, and feed her children. Any time she felt unable to proceed, she left these chores for her husband and daughter. McDonald said she had stopped going to church on a regular basis because she found she fidgeted constantly and this was embarrassing. She further testified that she had given up her outside activities. Finally, McDonald testified that she was unable to bend, get up from a chair without help, or *364 sit or stand in one place very long. She indicated her condition had gotten progressively worse.

McDonald’s husband also testified; his testimony primarily concerned his wife’s nervous state. He related that he often awoke at night to discover his wife crying in the dark and twisting her hands. On such occasions, he found it took an hour or two to soothe her. Mr. McDonald stated that appellant could not stand, sit, or lie in one place for any length of time. He testified that his wife had been a hard worker for years but that now “she can’t even sit down and sew ... she’ll do a little something and then directly she’ll have to rip all that out. And she gets all nervous and she just has to lay it down.”

The ALJ found that McDonald could no longer perform her past relevant work. When this finding is made, the burden shifts to the Secretary to show that a claimant has the residual ability to do some other kind of work. Weber v. Harris, 640 F.2d 176 (8th Cir.1981). One way to meet this burden is for the Secretary to show that the claimant falls into a “not disabled” category established by its regulations — the so-called “grid.” 20 C.F.R. Pt. 404, Subp. P, App. 2, § 200.00 (1981). The factors involved in making this categorization are age, education, previous work experience, and “residual functional capacity” (RFC). An individual’s RFC is code language for “what [a claimant] can still do physically even with his impairment.” McCoy v. Schweiker, 683 F.2d 1138, 1142 (8th Cir.1982) (banc) (McCoy). The Secretary retains the burden of proof of establishing a claimant’s RFC by substantial evidence. Id. at 1146. Even if the Secretary meets its burden on all four factors and a finding of “no disability” is directed, the grid will not be applied if the claimant’s impairment is “nonexertional.” Id. at 1148.

As this court noted in McCoy, the RFC finding will often be the most important issue in a social security claim. 683 F.2d at 1147.

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698 F.2d 361, 1983 U.S. App. LEXIS 31054, 1 Soc. Serv. Rev. 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esther-mcdonald-v-richard-schweiker-secretary-of-health-and-human-ca8-1983.