Henry HALL, Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Appellee

62 F.3d 220, 1995 U.S. App. LEXIS 19173
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 24, 1995
Docket95-1141
StatusPublished
Cited by48 cases

This text of 62 F.3d 220 (Henry HALL, Appellant, v. Shirley S. CHATER, Commissioner of Social Security, 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
Henry HALL, Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Appellee, 62 F.3d 220, 1995 U.S. App. LEXIS 19173 (8th Cir. 1995).

Opinion

RICHARD S. ARNOLD, Chief Judge.

Henry Hall appeals from the District Court’s order affirming the Secretary of Health and Human Services’ decision to deny Hall’s application for disability insurance benefits. We remand for further findings.

I.

Mr. Hall, at the time of the hearing, was forty years old, was five feet ten inches tall, weighed two hundred and ten pounds, and had completed high school. From 1981 through September of 1991, Hall worked at *222 Brown Shoe Company as a dock worker. His work required him to operate a forklift, load and unload trucks, and regularly lift various items weighing fifty pounds. Before working for Brown Shoe, Hall worked as a feeder checker for a company that made milk cartons. This job involved a lot of standing, twisting, and bending. He has also had a job as a laborer baling and stacking foam. He has nineteen year’s of manual-labor work experience.

Mr. Hall’s back and neck injuries began in 1990, when he was in a car accident. He was treated with traction, physical therapy, and a work-hardening program. After five to six months of this treatment, he was able to return to his job at Brown Shoe. Unfortunately, he re-injured his back unloading and lifting boxes over his head in September of 1991.

Mr. Hall has had two magnetic resonance imaging tests to evaluate the extent of his back injuries. He suffers from spondylosis 1 of his cervical discs at C4-C5, C5-C6, and C6-C7. The tests also showed that his lumbar spine has chronic degenerative disc disease at L4-L5 and L5-S1 with central bulging or possibly herniation of an interverte-bral disc. There was also a suggestion of an impingement on the descending L5 root on both sides.

The doctors recommended that he not try to lift anything over 35 pounds. When he told Brown Shoe of that limitation, he was terminated from his job. He has not had a job since then.

Mr. Hall complains of constant pain in the middle of his lower back. When the pain becomes more severe, it radiates to the right side and becomes unbearable. This happens at least twice a week, depending on his level of exertion, or if he twists. This pain also radiates down into his left leg. The left leg then becomes numb and tingling. The lower part of his neck continually hurts and becomes worse if he twists his neck. This pain prohibits him from reading for more than five to ten minutes, and he cannot move his head from side to side without a lot of pain. He says the pain in his neck also goes into his left arm, leaving his arm numb and tingling, and impairing his grip. He is right-handed.

Mr. Hall says the pain keeps him awake throughout the night tossing and turning; he wakes up with a stiff back. He spends his day mostly lying about with his legs elevated by pillows. This is the most comfortable position he has found, and it is better than sitting or standing. Approximately three or four times a day he puts Absorbine, Jr., or Heet on the aches to keep them soaked with heat.

Mr. Hall takes either Tylenol, Advil, or Anacin every two to three hours. Initially, the doctor prescribed motrin for the pain, but he cannot afford to go to the doctor to get the prescription renewed, and the motrin gave him ulcers. Dr. Johnson decided to take Mr. Hall off therapy because his back will not improve.

Even with the pain medication Mr. Hall takes every couple of hours, he says he cannot do any housework or yardwork. He can drive only a couple of blocks to the drugstore. His daughter drove him to the hearing, and during the 100- to 140-mile trip, they had to stop three times to get the stiffness out of his back. The drive took five hours. He can walk a couple of blocks, but the farther he walks the worse the pain becomes, and he does not walk regularly. He cannot sit for longer than 30 minutes without the pain increasing. He thinks he can stand about 40 to 45 minutes on a good day, but he has not tried to stand that long in a while. He does not try to lift anything larger than a two-liter bottle. When he left the doctor in 1991, the doctor gave him a lumbar brace. Even though the brace does not give him relief from the pain, he wears it because the doctor told him it would help keep his spine in place.

The ALJ found Mr. Hall had mild degenerative arthritis of the left knee, cervical spondylosis with left cervical radiculopathies at C5, C6, and C7, and degenerative lumbar disc disease with central disc bulging at L5-Sl. In light of these findings, the ALJ found that Mr. Hall could not return to his past *223 relevant work. Accepting that the burden had shifted to the Secretary, the ALJ stated that Mr. Hall, at forty years of age, was a younger individual who, having completed high school, had the functional capacity to do sedentary work.

The ALJ noted that subjective complaints of pain cannot be disregarded solely because they are not fully corroborated by the medical evidence. He quoted Polaski v. Heckler, 739 F.2d 1320 (8th Cir.1984) (subsequent history omitted), for the method an adjudicator is supposed to use when evaluating the credibility of an individual’s testimony and complaints. The ALJ then stated:

The claimant visits friends, relatives, and neighbors two to three times per week. He drives an automobile. No physician has restricted the claimant from sedentary work, only that he is unable to engage in manual labor. The evidence indicates that the claimant’s discomfort would be precipitated and/or aggravated by physical activity greater than that demanded by sedentary work. The claimant takes only over-the-counter analgesics for discomfort.

The ALJ concluded that although Mr. Hall had a steady work record, the evidence did not reveal impairments which would keep Mr. Hall from performing sedentary work.

Mr. Hall makes two arguments in support of his request that we reverse or remand the District Court’s order. First, Mr. Hall argues that the evidence in the record as a whole was not substantial enough to support the ALJ’s finding that he could perform sedentary work. Second, he urges us to find the ALJ erred when he applied the medical-vocational guidelines of the social-security regulations, rather than calling a vocational expert to testify, since the case involved a combination of exertional and non-exertional impairments.

II.

When an ALJ reviews a claimant’s subjective allegations of pain and determines whether the claimant and his testimony are credible, the ALJ must examine the factors listed in Polaski and apply those factors to the individual. Merely quoting Polaski is not good enough, especially when an ALJ rejects a claimant’s subjective complaints of pain. Polaski requires the factfinder to examine,

(1) the claimant’s daily activities, (2) the duration, frequency and intensity of the pain, (3) dosage, effectiveness, and side effects of medication, (4) precipitating and aggravating factors, and (5) functional restrictions.

Cline v. Sullivan,

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Bluebook (online)
62 F.3d 220, 1995 U.S. App. LEXIS 19173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-hall-appellant-v-shirley-s-chater-commissioner-of-social-ca8-1995.