Macri v. Chater

93 F.3d 540
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 9, 1996
DocketNo. 95-15111
StatusPublished
Cited by221 cases

This text of 93 F.3d 540 (Macri v. Chater) 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
Macri v. Chater, 93 F.3d 540 (9th Cir. 1996).

Opinions

Opinion by Judge SNEED; Dissent by Judge NORRIS.

ORDER

The Memorandum disposition filed July 9, 1996, is redesignated as an authored Opinion by Judge Sneed.

OPINION

SNEED, Circuit Judge:

Giuseppe Macri appeals the district court’s order and judgment affirming the Commis[543]*543sioner’s decision to deny him disability insurance benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. § 401. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I.

STANDARD OF REVIEW

We review de novo the district court’s order upholding the Commissioner’s denial of benefits. Floten v. Secretary of Health & Human Serv., 44 F.3d 1453, 1457 (9th Cir.1995). We must affirm the denial of disability benefits if it is supported by substantial evidence and the Commissioner applied the correct legal standards. Id. “Substantial evidence is relevant evidence which, considering the record as a whole, a reasonable person might accept as adequate to support a conclusion.” Id. We may not substitute our judgment for that of the Commissioner. Id.

II.

MAORI’S ARGUMENTS

Macri makes numerous arguments in support of his contention that the district court erred in affirming the Commissioner’s denial of disability insurance benefits. We shall address each such argument.

A. Residual Functional Capacity

Macri contends that no substantial evidence exists to support the Commissioner’s decision that Macri retained the residual functional capacity (RFC) to perform a wide range of light work prior to December 31, 1986, the expiration of his disability insured status. We disagree.1

The claimant has the burden of proving that he became disabled prior to the expiration of his disability insured status. Id. at 1463. The claimant must prove not only the existence of an impairment but that the impairment prevents him from performing his past work. Matthews v. Shalala, 10 F.3d 678, 681 (9th Cir.1993).

Here, in determining Maori’s RFC, the administrative law judge (ALJ) relied upon specific observations made prior to December 31, 1986, by Maori’s treating physician, Dr. Donald Prolo, a Board-certified neurosurgeon, and an examining physician, Dr. S. Malvern Dorinson. These observations support the ALJ’s conclusion that Maori’s back impairment did not prevent him from performing a wide range of light work prior to December 31, 1986. See 20 C.F.R. § 404.1567(b) (1995) (lifting no more than 20 pounds at a time and frequent lifting of objects weighing up to 10 pounds).

Dr. Prolo performed Maori’s 1982 back surgery. Although Macri complained of pain in his back, knees, legs, neck, arms, and hands through March 1986, Dr. Prolo reported that he observed no significant abnormalities and that Macri had a solid fusion at the L4-5 disc. In June 1984, Dr. Prolo reported that Macri was disabled according to Category “D” of the California Guidelines for Work Capacity. In October 1986, Dr. Prolo reported that despite Maori’s complaints of pain, motor examination revealed strength everywhere in his lower and upper limbs to be intact.

In November 1985, Dr. Dorinson, a Board-certified specialist in medicine and rehabilitation, reported that Macri was in Category “D” of the California Guidelines for Work Capacity.2

Category “D” represents a “Disability Precluding Heavy Lifting, Repeated Bending and Stooping” and “contemplates the individual has lost approximately half of his preinjury capacity for lifting, bending and stooping.” Glass v. Workers’ Compensation Appeals Bd., 105 Cal.App.3d 297, 164 Cal.Rptr. 312, 315 n. 1 (1980). Although the California [544]*544Guidelines for Work Capacity are not conclusive in a social security ease, Desrosiers v. Secretary of Health & Human Serv., 846 F.2d 573, 576 (9th Cir.1988), the ALJ is entitled to draw inferences “logically flowing from the evidence,” Sample v. Schweiker, 694 F.2d 639, 642 (9th Cir.1982).

Here, Macri had been lifting boxes up to 40 pounds prior to his injury, frequently lifting boxes up to 25 pounds, and had been bending constantly in his job as a tile setter. Under Category D, Macri could lift up to 20 pounds, lift 10 pounds frequently, and bend half the time. Accordingly, the weight of contemporaneous medical evidence supports the ALJ’s decision that Macri was capable of performing light work. See 20 C.F.R. § 404.1567(b).3

B.Treating Physician

Macri contends that the Commissioner erred by rejecting Dr. John W. Hanbery’s opinion because the ALJ rejected Dr. Han-bery’s reports without stating specific reasons and the Appeals Council failed to remand the matter to the ALJ based upon Dr. Hanbery’s 1993 reports. We disagree.

The ALJ did discuss Dr. Hanbery’s reports, which began in December 1987, including his opinion that Macri was precluded from performing heavy work and his recommendation that Macri find work in which he could change positions as needed. The ALJ also discussed Dr. Hanbery’s report in March 1990 that Macri was limited to light work. Those opinions are consistent with the ALJ’s determination that Macri was capable of performing “a wide range of light work.”

Macri also contends that the Appeals Council erred by deciding that Dr. Hanbery’s reports submitted after the ALJ issued his decision did not warrant a remand to the ALJ. We disagree because Dr. Hanbery’s 1993 reports were issued after the Commissioner’s decision, so they are less persuasive. See Weetman v. Sullivan, 877 F.2d 20, 23 (9th Cir.1989). Thus, the Appeals Council did not err when it concluded that the ALJ’s decision was not contradicted by the weight of the evidence. See Bates v. Sullivan, 894 F.2d 1059, 1064 (9th Cir.1990), overruled on other grounds, Bunnell v. Sullivan, 947 F.2d 341, 342 (9th Cir.1991)(en banc).

C. Claimant’s Pain Testimony

Macri contends that the Commissioner failed to substantiate the rejection of his subjective pain complaints. We disagree.

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