James L. BATES, Plaintiff-Appellant, v. Louis J. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee

894 F.2d 1059, 1990 WL 3825
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 23, 1990
Docket88-3868
StatusPublished
Cited by75 cases

This text of 894 F.2d 1059 (James L. BATES, Plaintiff-Appellant, v. Louis J. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James L. BATES, Plaintiff-Appellant, v. Louis J. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee, 894 F.2d 1059, 1990 WL 3825 (9th Cir. 1990).

Opinions

DAVID R. THOMPSON, Circuit Judge:

James L. Bates appeals the district court’s judgment affirming the denial by the Secretary of Health and Human Services of his application for disability benefits. Bates argues that (1) the administrative law judge (“ALJ”) failed to make findings sufficient to discredit his subjective pain testimony, (2) the ALJ erred in not giving weight to a state agency determination that he is disabled, (3) the ALJ improperly used the Medical-Vocational Guidelines (“grids”) to find him not disabled, and (4) the Appeals Council improperly disregarded the opinion of an examining psychiatrist. We have jurisdiction over Bates’ timely appeal pursuant to 28 U.S.C. § 1291. We affirm.

FACTS AND PROCEEDINGS

Bates was born in 1952. He attended school through the tenth grade and later obtained a GED, indicating the equivalent of a full high school education. He has worked as a carpenter’s helper, a welder, and for a brief period as a security guard.

Bates has not worked since October 1983 when he quit his job as a welder at a stove factory due to back pain. His back was injured in 1978 in a car accident and rein-jured in October 1983 while Bates was picking up a stove at work. Since he left his job at the stove factory Bates has been receiving time-loss benefits from the State of Washington's Department of Labor and Industries for being “temporarily totally disabled.”

In addition to his back pain, Bates reports he suffers from other physical and nonphysical limitations. In 1982 he received surgical treatment to his wrists for injuries suffered in a knife attack and in [1061]*10611984 he fell from a horse and fractured his skull. Bates has abused alcohol and drugs in the past. In recent years he has suffered from emotional problems, including depression and periods of anger, for which he has been treated by a psychologist.

Bates applied for disability insurance benefits in November 1984. He alleged that he became disabled on October 20, 1983 as a result of injuries to his back, head and hands, and that he suffered from chronic back pain, alcohol and drug abuse, and emotional problems. Bates did not contend that his physical problems met or equaled a listing, but rather that the combination of his mental and physical impairments render him disabled. Bates’ Social Security earnings record shows that he met the disability insurance status requirements through December 31, 1984.

Upon denial of his application, Bates requested a hearing. An administrative hearing was held before an AU on October 20, 1986. The AU determined that Bates’ eligibility for disability benefits was restricted to the period between October 20, 1983, the date Bates said he became unable to work, and December 31, 1984, the last date that Bates met the disability insurance status requirements of the Social Security Act. The AU found that Bates was incapable of performing his last work but that he retained the ability to perform the full range of light work. The AU also found that Bates’ testimony of chronic disabling back pain was not credible and that his nonexertional limitations would cause no significant vocational limitations. Applying the grids the AU determined that Bates was not disabled. Bates requested that the Appeals Council review the AU’s decision and he submitted new evidence consisting of a report detailing the results of a psychological evaluation conducted in March 1987. The Appeals Council considered this report but declined to review the AU’s decision which therefore became the final decision of the Secretary.

Bates then sought judicial review in the district court. The district court referred the case to a magistrate who issued a report recommending that the case be remanded to the Secretary because the AU did not make findings sufficient to discredit Bates’ subjective pain testimony. The district court, after reviewing the evidence, rejected this recommendation and issued a judgment affirming the decision of the Secretary denying Bates disability benefits. Bates appeals.

STANDARD OF REVIEW

We review the judgment of the district court de novo. Adams v. Bowen, 872 F.2d 926, 927 (9th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 151, 107 L.Ed.2d 109 (1989). The Secretary’s denial of benefits will “ ‘be disturbed only if it is not supported by substantial evidence or if it is based on legal error.’ ” Brawner v. Secretary of Health and Human Services, 839 F.2d 432, 433 (9th Cir.1988) (quoting Green v. Heckler, 803 F.2d 528, 529 (9th Cir.1986)); see 42 U.S.C. § 405(g). Substantial evidence means “more than a mere scintilla,” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971), but “less than a preponderance.” Desrosiers v. Secretary of Health and Human Services, 846 F.2d 573, 576 (9th Cir.1988) (quoting Sorenson v. Weinberger, 514 F.2d 1112, 1119 n. 10 (9th Cir.1975)). It means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson, 402 U.S. at 401, 91 S.Ct. at 1427 (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 216, 83 L.Ed. 126 (1938)). This court must review the record as a whole and consider adverse as well as supporting evidence. Hammock v. Bowen, 879 F.2d 498, 501 (9th Cir.1989).

ANALYSIS

A. Bates’ Subjective Pain Testimony

We first consider Bates’ argument that the AU improperly rejected his subjective pain testimony. Bates argues that the AU did not make the required specific findings to justify his decision to discredit Bates’ testimony of disabling chronic back pain.

[1062]*1062The Secretary is not required to believe a claimant's pain testimony, and the Secretary may decide to disregard such testimony entirely whenever the claimant fails to submit objective medical findings that could reasonably be expected to produce the claimed pain. Taylor v. Heckler, 765 F.2d 872, 876 (9th Cir.1985); 20 C.F.R. § 404.1529 (1988); Social Security Ruling 88-13. However, "the Secretary must make specific findings justifying that decision." Weetman v. Sullivan, 877 F.2d 20, 22 (9th Cir.1989) (quoting Green v. Heckler, 803 F.2d 528, 532 (9th Cir.1986)).

At the hearing Bates testified that his chronic back pain renders him incapable of working. He said that as a result of this back pain he is unable to pick up more than ten pounds or carry anything weighing five pounds.

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