Louvenia JENKINS, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee

861 F.2d 1083, 1988 U.S. App. LEXIS 15664, 1988 WL 123921
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 23, 1988
Docket87-2717
StatusPublished
Cited by129 cases

This text of 861 F.2d 1083 (Louvenia JENKINS, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, 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
Louvenia JENKINS, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee, 861 F.2d 1083, 1988 U.S. App. LEXIS 15664, 1988 WL 123921 (8th Cir. 1988).

Opinion

JOHN R. GIBSON, Circuit Judge.

Louvenia Jenkins appeals the district court’s 1 order accepting the recommendation of Magistrate William S. Bahn to affirm the Secretary of Health and Human Services’ denial of Jenkins’ application for disability benefits under 42 U.S.C. §§ 416(i) and 423. We affirm the district court’s order.

Jenkins is fifty-six years old and has a junior high school education. From 1969 until 1982 Jenkins worked for J & S Security as a security guard. Her work as a security guard included considerable walking and standing and required her to carry a gun. In 1982, Jenkins quit her job due to various health problems, such as pain in *1085 her waist and swelling in her legs, which she claims made her unable to work.

On April 1, 1985 Jenkins filed an application for disability benefits under Title II with the Secretary of Health and Human Services. The application was denied after initial consideration and reconsideration. Upon request, Jenkins was granted a hearing before an administrative law judge and the AU denied Jenkins disability benefits. Jenkins then sought review of the AU’s decision within the agency, but the appeals council denied the appeal. The AU’s decision therefore became the final decision of the Secretary. Jenkins then appealed this decision to the district court. After reviewing the AU’s decision, a magistrate recommended that the district court affirm the AU’s decision. The district court accepted this recommendation and Jenkins now appeals.

At the hearing before the AU Jenkins gave testimony concerning her medical background which led to her disablement. Jenkins complained of a painful boil condition under her arms that requires her to regularly take antibiotics, and stated that she had pain in her lower back and waist and in her arms and knees that severely limits her activity. Medical evidence submitted at the hearing included hospital reports by several treating physicians who examined Jenkins for various medical problems. The evidence revealed that Jenkins suffered from recurrent skin infections and boils, chronic back pain with degenerative joint and disc disease, and arthritis in her knees. The evidence further indicated, however, that if Jenkins were treated with proper medication and underwent physical and occupational therapy, she would not be incapacitated.

Additionally, a vocational expert testified that Jenkins’ past relevant work as a security guard was light and semi-skilled and the skills involved are generally transferable to other types of security jobs. These skills consist of knowledge of safety rules and procedures, some reasonable judgment used in dealing with people, being able to respond rather quickly and knowledge of and usage of firearms. In response to a hypothetical question, Smith responded that there were approximately 1000 sedentary security guard jobs available in the region in which Jenkins lives.

The AU considered Jenkins’ age, education, work experience, and exertional and non-exertional impairments and found that Jenkins did not have an impairment listed in or equal to any found in the Medical-Vocational guidelines, 20 C.F.R. pt. 404, subpt. P, app. 2 (1988) (“the guidelines”), and therefore was not disabled based upon the objective medical evidence. The AU recognized that under Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984) (subsequent history omitted), he could not disregard Jenkins’ subjective complaints solely because the objective medical evidence did not fully support them, and that these complaints may be discounted only if there are inconsistencies in the evidence as a whole. The AU indicated, however, that such inconsistencies existed in Jenkins’ testimony and that Jenkins’ allegations of pain were not entirely credible. The AU’s conclusion, as adopted by the Secretary, was that Jenkins could not perform the duties required in her past work as a security guard, but that she has the functional capacity to perform the full range of sedentary work. Because Jenkins had acquired transferable work skills as a security guard and approximately 1000 sedentary security guard jobs existed in the St. Louis area, the Secretary concluded that Jenkins was not entitled to disability benefits under the Social Security Act.

Judicial review of disability determinations is limited to assessing whether there is substantial evidence in the record as a whole to support the Secretary’s decision. 42 U.S.C. § 405(g) (Supp.III 1985); Bogard v. Heckler, 763 F.2d 361, 362-63 (8th Cir.1985). This review requires that we take into account evidence which fairly detracts from its weight. Piercy v. Bowen, 835 F.2d 190, 191 (8th Cir.1987).

Jenkins first argues on appeal that the AU’s credibility findings concerning Jenkins’ subjective complaints were arbitrary and not based on substantial evidence. We are satisfied, however, that the *1086 AU properly applied the Polaski standards in concluding that certain inconsistencies in Jenkins’ testimony allow him to discount her subjective complaints. The AU considered such inconsistencies in Jenkins’ testimony as vagueness regarding her work as a security guard and when she stopped her work, exaggerated descriptions of her pain which were at times difficult to interpret, and her testimony at the hearing that she could no longer dance when she had earlier told a doctor that she never learned how to dance. Such impressions are factors to be weighed by the AU in evaluating subjective complaints of pain. See Ballowe v. Harris, 650 F.2d 130, 131 & n. 2 (8th Cir.1981). From such impressions, the AU found that Jenkins’ testimony concerning her right knee was credible, but that her other complaints of pain were not well documented. We conclude that the AU, in considering Jenkins’ testimony and its inconsistencies together with the medical evidence and his own observations of her at the hearing, based his determination that Jenkins’ pain was not severe enough to be disabling on substantial evidence. See Benskin v. Bowen, 830 F.2d 878, 882 (8th Cir.1987).

Second, Jenkins relies on McCoy v. Schweiker, 683 F.2d 1138

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861 F.2d 1083, 1988 U.S. App. LEXIS 15664, 1988 WL 123921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louvenia-jenkins-appellant-v-otis-r-bowen-secretary-of-health-and-ca8-1988.