Jack v. Apfel

981 F. Supp. 1183, 1997 WL 675247
CourtDistrict Court, S.D. Iowa
DecidedOctober 14, 1997
DocketNo. 3-96-CV-90194
StatusPublished

This text of 981 F. Supp. 1183 (Jack v. Apfel) 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
Jack v. Apfel, 981 F. Supp. 1183, 1997 WL 675247 (S.D. Iowa 1997).

Opinion

PRATT, District Judge.

Plaintiff, Murrell L. Jack, filed a Complaint in this court on December 11, 1996, seeking review of the Commissioner’s decision to deny her claim for Supplemental Security Income benefits under Title XVI of the Social Security Act. 42. U.S.C. § 1381 (1994). This court may review a final decision by the Commissioner. 42 U.S.C. § 405(g). For the reasons set out herein, the decision of the Commissioner is affirmed.

BACKGROUND

Plaintiff filed an application for disability benefits on September 22,19932. Her application was denied initially and upon reconsideration. After a hearing, Administrative Law Judge John P. Johnson (ALJ) issued a [1184]*1184decision on February 15,1996, denying benefits. On October 25,1996, the Appeals Council denied Plaintiffs request for review. Plaintiff filed this Complaint on December 11,1996.

STANDARD OF REVIEW

When reviewing a denial of benefits, we will uphold the Secretary’s final decision if it is supported by substantial evidence on the record as a whole. 42 U.S.C. § 405(g); Whitehouse v. Sullivan, 949 F.2d 1005, 1006 (8th Cir.1991). Substantial evidence is that which a reasonable mind might accept as adequate to support the Secretary’s conclusion. Whitehouse, 949 F.2d at 1006 (Citing Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971)). In assessing the substantiality of the evidence, we must consider evidence that detracts from the Secretary’s decision as well as evidence that supports it. Locher, 968 F.2d at 727 (citing Baker v. Heckler, 730 F.2d 1147, 1150 (8th Cir.1984)). We may not, however, reverse the Secretary’s decision “merely because substantial evidence would have supported an opposite decision.” Id. (quoting Baker, 730 F.2d at 1150).

Woolf v. Shalala, 3 F.3d 1210, 1213 (8th Cir.1993). In making this inquiry, a court should neither consider a claim de novo nor abdicate it’s function to carefully analyze the entire record in conducting the review. Brinker v. Weinberger, 522 F.2d 13, 16 (8th Cir.1975).

ALPS FINDINGS

The ALJ, following the sequential evaluation found at 20 C.F.R. § 416.920, found that Plaintiff has not engaged in substantial gainful activity since 1993. The ALJ found that Plaintiff has severe impairments: obesity and a history of right knee arthroscopic surgery with complaints of pain; medically determinable impairments resulting in complaints of low back pain and neck and chest and arm pain; history of asthma; history of substance abuse with a history of depression, borderline intelligence, and a history of a learning disorder. The ALJ found that none of Plaintiff’s impairments are severe enough to meet or equal any of the impairments listed in Appendix 1, Subpart P, Regulations No. 4. (Tr. at 31) The ALJ found:

The claimant has the residual functional capacity to perform the requirements of work except for lifting of more than 25 pounds at a time on occasion, lifting and carrying of more than 15 pounds frequently, standing longer than one to two hours at a time, sitting longer than one to two hours at a time, walking more than one to two hours at a time, continuous bending or stooping, repetitive squatting or kneeling, repetitive crawling or climbing, exposure to extremes of heat or cold or humidity, work at unprotected heights, and other than simple, routine, repetitive work not requiring close attention to detail, more than occasional contact with the public, greater than a regular work pace, more than mild to moderate amounts of stress, or work which does not provide occasional supervision. (20 C.F.R. § 416.945)

At the fourth step of the sequential evaluation, the ALJ found that Plaintiff is unable to do her past relevant work as a nurse’s aide or a concession worker. (Tr. at 32) At the fifth step, the ALJ found that there are unskilled jobs in the national economy for which Plaintiff has the residual functional capacity. (Tr. at 33) The ALJ, as required, attached a Psychiatric Review Technique Form (PRTF) to the Notice of Decision. (Tr. at 34-43). This form indicates, among o'ther things, that Plaintiff often has “deficiencies of concentration, persistence or pace resulting in failure to complete tasks in a timely manner (in work settings or elsewhere).” (Tr. at 42)

DISCUSSION

Plaintiff argues that the finding on the PRTF, regarding deficiencies of concentration, persistence or pace, should have been included in the hypothetical question that was put to the vocational expert at the administrative hearing. Plaintiff argues that the omission renders the hypothetical fatally deficient, and that the Decision, therefore, is not supported by substantial evidence on the record as a whole. In support of this argument, Plaintiff cites Newton v. Chater, 92 F.3d 688 (8th Cir.1996). Defendant argues [1185]*1185that the case should be controlled by Roe v. Chater, 92 F.3d 672 (8th Cir.1996) which holds that a hypothetical question is sufficient if it captures the concrete consequences that flow from a claimant’s impairments.

It is well settled 8th Circuit case law that, having found Plaintiff is unable to do her past relevant work, the burden of proof shifted to the Commissioner to come forward with medical evidence to prove Plaintiff has a residual functional capacity for other work, and that other work exists in significant numbers in the national economy that such a person is able to do. McCoy v. Schweiker, 683 F.2d 1138, 1146-47 (8th Cir.1982) (en banc); O’Leary v. Schweiker, 710 F.2d 1334, 1338 (8th Cir.1983); Soth v. Shalala. 827 F.Supp. 1415, 1417 (S.D.lowa 1993). It is also well settled law that in order to meet the second prong of the Commissioner’s burden, in cases where referral to the medical vocational guidelines (Grid) is inappropriate, the ALJ must rely on the testimony of a vocational expert in response to a hypothetical question which precisely sets out the claimant’s impairments and limitations. Ness v. Sullivan.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Ford v. Secretary of Health and Human Services
662 F. Supp. 954 (W.D. Arkansas, 1987)
Soth v. Shalala
827 F. Supp. 1415 (S.D. Iowa, 1993)
Edleman v. Shalala
845 F. Supp. 1337 (S.D. Iowa, 1994)

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Bluebook (online)
981 F. Supp. 1183, 1997 WL 675247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-v-apfel-iasd-1997.