Linda Qualls v. Kenneth S. Apfel

158 F.3d 425, 1998 U.S. App. LEXIS 26121
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 16, 1998
Docket98-2141EA
StatusPublished
Cited by1 cases

This text of 158 F.3d 425 (Linda Qualls v. Kenneth S. Apfel) 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
Linda Qualls v. Kenneth S. Apfel, 158 F.3d 425, 1998 U.S. App. LEXIS 26121 (8th Cir. 1998).

Opinion

JOHN D. KELLY, Circuit Judge.

Linda Qualls appeals from the district court’s affirmance of the Social Security Administration’s denial of her application for disability insurance benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. §§ 401-33. Because the denial of benefits is supported by substantial evidence in the record, we affirm.

I. BACKGROUND

Linda Qualls is a 56-year old woman with a high school education and a past work history as a real estate closing agent. She alleges that she has been disabled since October 15, 1990, by her insulin-dependent diabetes mellitus, hypothyroidism, arthritis, migraine headaches and depression. Medical evidence corroborates the fact that Qualls indeed suffers, or has suffered, from most of these conditions.

Qualls applied for Social Security disability insurance benefits in August 1993. Her application was denied by the Social Security Administration initially and upon reconsideration. After initial and supplemental hearings, the administrative law judge (ALJ) made the following findings: (1) Qualls’ hypothyroidism does not cause any disability; (2) Qualls’ migraine headaches are “minimal to nonexistent” when she takes her medication; (3) despite mild degenerative arthritis, Qualls “retains adequate mobility of her cervical and lumbar spine with no neurological deficit, loss of coordination, or impairment of limb function,” and Qualls does not suffer from persistent joint pain, tenderness, stiffness, or swelling; (4) despite her diabetes, Qualls denies adverse effects such as nocturia, dysuria, polydypsia, paresthesia, claudication, retinopathy, neuropathy, ne-phropathy, chest pains, and shortness of breath; (5) Qualls’ medical specialists do not share the opinion of her treating physician that Qualls is disabled; (6) despite her complaints about fatigue and pain, Qualls is able to engage in normal daily activities such as reading, watching television, doing crafts, raising flowers, visiting her parents regularly, attending church twice a week, driving, attending to personal business, cooking, cleaning, doing laundry, going grocery shopping, and taking care of her two grandchildren; (7) no evidence indicates that Qualls cannot sit, stand, walk, or occasionally lift a maximum of twenty pounds; and, (8) no evidence shows that Qualls’ depression, which can be treated effectively by medication, significantly limits her abilities to socialize or to concentrate.

*427 After considering all of the physical and mental aspects of Qualls’ medical problems, the ALJ found that Qualls could return to her past relevant work as a real estate closing agent. Qualls’ duties entailed gathering pertinent closing information such as pay-off amounts, tax information, termite inspections, abstract updates and recertification; the work did not call for any lifting other than lifting and carrying closing packets to the closing office. Because Qualls’ work fell within the Social Security Act’s definition of “light work,” which precludes a finding of disability, the ALJ denied Qualls’ application for benefits.

Qualls filed an action in district court, which concluded that substantial evidence supported the ALJ’s determination. On appeal, Qualls argues that the ALJ’s decision was not supported by substantial evidence in the record. Specifically, she complains that the ALJ improperly discredited her subjective complaints of pain, overestimated her residual functional capacity, and mistakenly concluded that she could return to her past work as a real estate closing agent. Qualls requests either a reversal of the ALJ’s decision or a remand requiring the Commissioner to prove her ability to work at some job in the national economy with vocational expert testimony.

II. DISCUSSION

We will uphold the Commissioner’s decision if it is supported by substantial evidence on the record as a whole. 42 U.S.C. § 405(g) (1991 & Supp.1998); Flynn v. Chater, 107 F.3d 617, 620 (8th Cir.1997). Substantial evidence is less than a preponderance, but enough that a reasonable mind might accept it as adequate to support the Secretary's conclusion. Flynn, 107 F.3d at 620. In making this assessment, this court must consider evidence that detracts from, as well as supports, the Commissioner’s decision. Woolf v. Shalala, 3 F.3d 1210, 1213 (8th Cir.1993). This court cannot reverse the Commissioner’s decision merely because substantial evidence would have supported an opposite decision. Browning v. Sullivan, 958 F.2d 817, 821-22 (8th Cir.1992) (“We will not disturb the decision of an ALJ who seriously considers, but for good reasons explicitly discredits, a claimant’s testimony of disabling pain.”).

We note at the outset that the underlying issue involved in the ALJ’s analysis concerns not whether Qualls is in pain, but whether the pain is so severe as to be disabling. McGinnis v. Chafer, 74 F.3d 873, 874 (8th Cir.1996); Benskin v. Bowen, 830 F.2d 878, 883 (8th Cir.1987). Disability, under the Act, is defined as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). In determining whether a claimant has a disability, the ALJ may consider such factors as the claimant’s prior work history; daily activities; duration, frequency and intensity of pain; dosage, effectiveness and side effects of medication; precipitating and aggravating factors; functional restrictions; the combined effects of claimant’s physical and mental impairments; and, doctors’ opinions. See, e.g., Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984); Dressel v. Califano, 558 F.2d 504, 508 (8th Cir.1977); Hinchey v. Shalala, 29 F.3d 428, 431 (8th Cir.1994).

Substantial evidence in the record shows that Qualls’ medical problems, individually and in combination, do not cause pain that is so severe as to be disabling.

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Bluebook (online)
158 F.3d 425, 1998 U.S. App. LEXIS 26121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linda-qualls-v-kenneth-s-apfel-ca8-1998.