Marilyn J. Page v. Michael J. Astrue, 1 Commissioner, Social Security Administration

484 F.3d 1040, 2007 WL 1215759
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 26, 2007
Docket06-2139
StatusPublished
Cited by421 cases

This text of 484 F.3d 1040 (Marilyn J. Page v. Michael J. Astrue, 1 Commissioner, Social Security Administration) 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
Marilyn J. Page v. Michael J. Astrue, 1 Commissioner, Social Security Administration, 484 F.3d 1040, 2007 WL 1215759 (8th Cir. 2007).

Opinion

BENTON, Circuit Judge.

Marilyn J. Page appeals the district court’s 2 affirmance of the Commissioner’s denial of her application for disability insurance benefits and supplemental security income. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

Page, born on November 24, 1958, has a general equivalency diploma with some vocational training in billing. She worked as a forklift operator, products packer, products assembly worker, factory “garment girl,” and personal care aide for the mentally ill.

Page stopped working in January 1999, to care for her father. She became sick while assisting him, and has not worked since. In December 2000, she applied for disability insurance and supplemental security income benefits, alleging inability to work due to a blood clot in the lungs. She later alleged that pain from her neck caused weakness in her left side. After her applications were denied initially and on reconsideration, she requested a hearing.

On July 23, 2002, at the first hearing, Page claimed she had high blood pressure, depression, and allergies. Her hypertension caused her breathing problems, chest pain, dizziness, and headaches. She also alleged auditory and visual hallucinations. She took medication to control her hypertension and depression.

Page also testified about problems with her left shoulder, on which surgery was performed about three weeks before the *1042 hearing. She claimed that on a scale of one to ten, “I would rate it [the pain] about a six now.” Page had no problems using the right side of her body. She testified that she could occasionally lift five or ten pounds, and frequently lift a jug of milk.

The ALJ found that although Page had a “severe” impairment or combination of impairments, her “allegations regarding her limitations are not totally credible,” and she was not disabled. On review, the Appeals Council remanded to the ALJ to further evaluate her subjective complaints, residual functional capacity, and to obtain additional evidence about Page’s impairment.

In December 2003, at the second hearing, Page testified to the same general ailments, again emphasizing that her left shoulder caused her problems. On a scale of one to ten, she rated the pain at a six. She acknowledged, however, “It don’t hurt constantly like it use to but it do hurt.” Page said that she could lift ten pounds.

Page had no mental treatment between the first and second hearings. Asked whether any mental issues persisted, she answered: “Not as bad. I feel — I take the medication only if, you know, I need it.... I don’t, you know, hear or see anything but I do be depressed.”

The ALJ again found Page’s testimony “regarding the nature and severity of her impairments and her ability to work is not totally credible.” He evaluated her claim using the five-step sequential analysis in the social security regulations. See 20 C.F.R. §§ 404.1520, 416.920. First, Page had not engaged in substantial gainful activity since the onset of the alleged disability. Second, although the ALJ noted that many of Page’s impairments had been successfully treated, he found a combination of physical impairments that were severe. The ALJ determined, however, that her mental problems were non-severe because they “would result in at most” only a mild limitation in her ability to perform activities of daily living.

Third, the ALJ found “no evidence to show the existence of any impairment that meets the criteria of any of the listed impairments.” Fourth, he determined that Page was precluded from performing past relevant work. The ALJ noted, however, that she retained the residual functional, capacity to occasionally lift or carry 20 pounds, and frequently lift or carry 10 pounds. He determined that she could stand and/or walk six to eight hours a workday, and sit six to eight hours a workday. According to the ALJ, Page could engage in frequent, although not constant, reaching with her upper extremities.

At the fifth step, the ALJ found that based on Page’s age, education, work experience, and residual functional capacity, “she is able to make an adjustment to other work that exists in significant numbers in the local, regional, and/or national economy.” The ALJ concluded that Page was not disabled. The Appeals Council denied review, making the ALJ’s decision the final decision of the Commissioner. The district court affirmed. Page appeals;

II.

“Our role on review is to determine whether the Commissioner’s findings are supported by substantial evidence in the record as a whole.” Haggard v. Apfel, 175 F.3d 591, 594 (8th Cir.1999), citing Clark v. Apfel, 141 F.3d 1253, 1255 (8th Cir.1998). “Substantial evidence is relevant evidence which a reasonable mind would accept as adequate to support the Commissioner’s conclusion.” Haggard, 175 F.3d at 594. “The fact that some evidence may support a conclusion opposite from that reached by the Commissioner does not alone permit our reversal of the Commissioner’s decision.” Kelley v. Barnhart, 372 F.3d 958, 961 (8th Cir.2004); Travis v. Astrue, 477 F.3d 1037, 1040 (8th Cir.2007); *1043 Cox v. Barnhart, 471 F.3d 902, 906 (8th Cir.2006).

Page first argues that the “residual functional capacity assessed by the Commissioner with regard to Appellant’s capacity to reach, lift and carry with the upper extremities is not based upon substantial evidence in the record as a whole.” It is “the AL J’s responsibility to determine [claimant’s] RFC based on all the relevant evidence, including medical records, observations of treating physicians and others, and [claimant’s] own description of her limitations.” Anderson v. Shalala, 51 F.3d 777, 779 (8th Cir.1995); 20 C.F.R. §§ 404.1545-46, 416.945-46.

The RFC assessed by the ALJ is supported by substantial evidence. In May 2001, Page went to a rehab clinic, complaining of neck and shoulder pain. She was treated with oral medications, steroid dose packs, and epidural steroid injection therapy. By July, a rehab physician reported that Page’s neck pain was resolved, although some shoulder symptoms continued.

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484 F.3d 1040, 2007 WL 1215759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marilyn-j-page-v-michael-j-astrue-1-commissioner-social-security-ca8-2007.