Mary A. KELLER, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee

26 F.3d 856, 1994 U.S. App. LEXIS 14788, 1994 WL 261819
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 16, 1994
Docket93-3018
StatusPublished
Cited by52 cases

This text of 26 F.3d 856 (Mary A. KELLER, Appellant, v. Donna E. SHALALA, 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
Mary A. KELLER, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee, 26 F.3d 856, 1994 U.S. App. LEXIS 14788, 1994 WL 261819 (8th Cir. 1994).

Opinions

JOHN R. GIBSON, Senior Circuit Judge.

Mary Ann Keller appeals the district court’s decision denying supplemental security income for her claim of disability. Mrs. Keller contends that she is disabled by a combination of mental retardation and migraine headaches. The Administrative Law Judge held that Mrs. Keller’s subjective complaints of migraine pain were not credible and, alternatively, that even if they were, Mrs. Keller could perform some work. The Secretary denied benefits, and the district court affirmed the Secretary’s decision. Mrs. Keller now argues that the complaints were credible, and that the confluence of the migraines and the mental retardation brings her within the listed impairments. We reverse the judgment of the district court and remand.

Mrs. Keller has a verbal IQ of 67. At the time of the hearing, she was fifty-one years old. She attended school through the eighth grade and has no work history. She claims to have migraine headaches that sometimes cause her to scream and that can last as long as two weeks. She testified that she cannot cook or clean or do “things around the house” during her headaches. She also testified that her daily activities include watching television, taking care of her dogs, and doing household chores, including cooking and cleaning. Her hobbies include fishing and latch hooking. She takes aspirin for her headaches and has never had any other medication prescribed for them. Mrs. Keller was examined by two physicians. They found no clinical basis for her headaches, but did not render any opinion on whether she in fact experienced the headaches. They found her to be generally in good health.

The ALJ considered Mrs. Keller’s testimony and her daily activities to conflict with her testimony about the severity of her headaches. Given this conflict and his own observations of her, the ALJ considered her testi[858]*858mony not credible. The ALJ also stated that “even if said testimony was found to be credible, based upon the testimony of the vocational expert, the Claimant would nevertheless have the residual functional capacity to perform” light or sedentary work.

The Appeals Council denied review. The district court found substantial evidence to support the ALJ’s finding and affirmed the Secretary’s decision.

We review the ALJ’s findings of fact to determine if they are supported by substantial evidence on the record as a whole. Nettles v. Schweiker, 714 F.2d 833, 835 (8th Cir.1983). This standard requires us to determine whether the evidence is such that a reasonable mind might accept it as adequate to support a conclusion, McMillian v. Schweiker, 697 F.2d 215, 220 (8th Cir.1983), taking into account evidence that detracts from the finding as well as that which supports it. Tome v. Schweiker, 724 F.2d 711, 713 (8th Cir.1984). We must also ascertain whether the ALJ’s decision is based on legal error. Nettles, 714 F.2d at 835-36.

The regulations prescribe a sequential analysis for disability determinations. 20 C.F.R. § 416.920 (1993). First, the Secretary determines whether the claimant meets the two threshold tests: that he is not currently working and that he has a severe impairment. If so, the next inquiry is whether the impairment meets the durational requirements and the “listings in Appendix 1,” a catalog of specifically described conditions. If the impairment does not meet a listing, the next step is to determine if the impairment prevents the claimant from doing the kind of work he has done in the past. If so, the final question is whether the claimant is able to do other work in light of his age, education and past work experience.

In this case, there is no dispute that Mrs. Keller is not working and that she has a severe impairment. Mrs. Keller claims that she meets one of the listings, 20 C.F.R. § 404, subpt. P, App. 1, § 12.05C, which applies when a person has “[a] valid verbal, performance, or full scale IQ of 60 through 70 and a physical or other mental impairment imposing additional and significant work-related limitation of function.” It is undisputed that Mrs. Keller meets the IQ component of this listing. The only question is whether the second component — an “additional and significant work-related limitation of function” — exists. The ALJ found that it did not.

That second component has been defined as an impairment whose “effect on a claimant’s ability to perform basic work is more than slight or minimal.” Cook v. Bowen, 797 F.2d 687, 690 (8th Cir.1986) (citing Nieves v. Secretary of Health & Human Services, 775 F.2d 12, 14 (1st Cir.1985); Edwards v. Heckler, 755 F.2d 1513, 1515 (11th Cir.1985)).1

The record establishes that if Mrs. Keller’s headaches are as she describes them, they constitute an impairment that is more than slight or minimal. However, the ALJ’s opinion states that “there is no evidence to indicate that [the low IQ] impairment, as exacerbated by her headaches, has revealed the same medical findings, or medical findings equal in severity and duration” to the listings. The record actually reveals evidence, which, though not medical in nature, establishes precisely the facts necessary to meet the listing. Mrs. Keller’s counsel asked the occupational expert: “Assuming [Mrs. Keller’s] testimony is credible, would that be, would the headaches be more than a slight or minimal limitation on her ability to function?” The expert replied, “Yes.” Therefore, we must hold that the finding of no significant additional limitation was not supported by substantial evidence. If Mrs. Keller’s testimony about her headaches was credible, she does indeed meet the requirements of listing section 12.05C.

In social security cases, we have a special process for determining the credibility of complaints about pain. When an individual’s complaint of subjective pain is not [859]*859folly substantiated by objective medical evidence, the adjudicator may not reject the claimant’s subjective complaints solely on the basis of personal observation. Instead, he must consider all the evidence relating to the subjective complaint, including:

the claimant’s prior work record, and observations by third parties and treating and examining physicians relating to such matters as:
(1) the claimant’s daily activities;
(2) the duration, frequency and intensity of the pain;
(3) precipitating and aggravating factors;
(4) dosage, effectiveness and side effects of medication; [and]
(5) functional restrictions.

Polaski v. Heckler,

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Bluebook (online)
26 F.3d 856, 1994 U.S. App. LEXIS 14788, 1994 WL 261819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-a-keller-appellant-v-donna-e-shalala-secretary-of-health-and-ca8-1994.