Jorgensen v. Chater

962 F. Supp. 1384, 1997 U.S. Dist. LEXIS 6596, 1997 WL 244968
CourtDistrict Court, D. Kansas
DecidedApril 2, 1997
DocketCivil Action No. 95-1466-WEB
StatusPublished

This text of 962 F. Supp. 1384 (Jorgensen v. Chater) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jorgensen v. Chater, 962 F. Supp. 1384, 1997 U.S. Dist. LEXIS 6596, 1997 WL 244968 (D. Kan. 1997).

Opinion

MEMORANDUM AND ORDER

WESLEY E. BROWN, Senior District Judge.

Plaintiff Laverna M. Jorgensen filed an application for disability insurance benefits on March 17, 1993, alleging a disability onset date of May 10, 1987, due to Parkinson’s disease. After initial denials of her claim, she pursued the matter to a hearing held before an Administrative Law Judge on September 14, 1994. Mrs. Jorgensen, who was represented by counsel, appeared and testified at this hearing. At the request of the ALJ, Cindy Younger, a qualified vocational expei’t, also appeared and testified.

In an opinion dated March 24, 1995, the ALJ found that plaintiff was not disabled at step four of the controlling analytical sequence since she was able to return to her previous work as a secretary. The Appeals Council concluded that there was no basis to grant a review of the findings of the ALJ, and that decision stands as the final decision of the Commissioner. Plaintiff has appealed the adverse ruling to this court pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g).

In this appeal, plaintiff contends that the ALJ erred in finding that plaintiff did not meet or equal the listed impairment of Parkinson’s disease which appears in the Appendix to 20 C.F.R. 404, Subpart P, § 11.06, that the finding that plaintiff was not creditable is in error, and that the finding that plaintiff could perform her past relevant work is not supported by the evidence.

The Commissioner’s decision is to be reviewed “to determine whether the factual findings are supported by substantial evidence in the record, viewed as a whole and whether the correct legal standards were applied.” Saleem v. Chater, 86 F.3d 176 (10th Cir.1996); Andrade v. Secretary of Health & Human Servs., 985 F.2d 1045, 1047 (10th Cir.1993). 42 U.S.C. § 405(g). Substantial evidence is of course “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Fowler v. Bowen, 876 F.2d 1451, 1453 (10th Cir.1989). The court may not reweigh the evidence or substitute its judgment for that of the Commissioner. Glass v. Shalala, 43 F.3d 1392, 1395 (10th Cir.1994). With these standards in mind, the court has reviewed the record and finds that the evidence supports the finding that plaintiff is not disabled under the law.

At the time of hearing, plaintiff was 60 years old, with two years of college, and a past work history as a secretary and bookkeeper. She alleged that she became disabled beginning May 10, 1987, and she continued to meet insured status requirements through September 30,1992.

In evaluating the evidence, the ALJ followed the required five-step analysis for determining whether a claimant is disabled. See generally, 20 CFR Ch.111 §§ 404.1520, et seq. (4-1-95 Edition), and Bowen v. Yuckert, 482 U.S. 137, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987); Williams v. Bowen, 844 F.2d 748, 750-752 (10th Cir.1988). Step one determines whether a claimant is presently engaged in substantial gainful activity. 20 CFR § 404.1520(b) If he or she is, benefits are denied. At this first step, it is clear that plaintiff was not engaged in gainful employment.

The second step is to determine whether there is “an impairment or combination of impairments which significantly limits ... physical or mental ability to do basic work activities.” Age, education, and work experience are not considered at this step. 20 CFR § 404.1520(c). These impairments must be such as to significantly limit the claimant’s ability to do basic work activities — that is — “the abilities and aptitudes necessary to do most jobs.”... Williams v. Bowen, supra 844 F.2d at 751. Examples of these abilities include physical functions such as walking, standing, sitting, the capacity to see, hear and speak, the understanding and ability to carry out simple instructions, use of judgment, dealing appropriately with supervision and co-workers, and with changes in a [1387]*1387routine work setting. 20 CFR § 404.1521. If the evidence makes a de minimis showing of medical severity, then the ALJ must proceed to step three. It is without dispute that plaintiff has Parkinson’s disease, and the ALJ found that plaintiff has a “severe impairment” by Social Security definition.

At step three of the analysis, the question is whether the impairment is equivalent to one of a number of listed impairments that the Commissioner acknowledges are so severe as to preclude substantial gainful activity. If the impairment is listed, it is conclusively presumed to be disabling without further reference.

If the impairment is severe, but is not a listed impairment, the inquiry proceeds to a fourth step which requires a determination of the claimant’s “residual functional capacity and the physical and mental demands of the work ... done in the past.” If the claimant can still perform her past work, she is not disabled. 20 CFR § 404.1520(e).

The ALJ determined that while plaintiff does have Parkinson’s disease, her condition did not qualify as a listed impairment and did not cause a degree of limitation which would prevent plaintiff from returning to her past employment as a secretary at any time prior to September 30, 1992, when her insured status ended.

These findings are supported by substantial evidence. All of the medical reports show that while plaintiffs disease was progressive in nature, it was kept under control through medication adjustments without significant neurological impairment, at least through September, 1992. Plaintiff was first treated for the disease in December, 1986, when she began taking Sinemet three times a day. In January, 1987, she had no “resting tremors” no “cogwheel rigidity,” hypokine-sia 1 or “dysdiadochokinesia.”2 Her gait was stable, and postural reflexes were satisfactory. In April, 1987, plaintiff started having shaky movements in her right extremities, and her Sinemet dosage was increased to five times a day. By January 4, 1988, the tremors had decreased and plaintiff had no significant neurological signs “of an extrapyrami-dal disorder.”

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962 F. Supp. 1384, 1997 U.S. Dist. LEXIS 6596, 1997 WL 244968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jorgensen-v-chater-ksd-1997.