Maxmilliano VILLARREAL, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

818 F.2d 461, 1987 U.S. App. LEXIS 5707, 17 Soc. Serv. Rev. 754
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 9, 1987
Docket85-2010
StatusPublished
Cited by103 cases

This text of 818 F.2d 461 (Maxmilliano VILLARREAL, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maxmilliano VILLARREAL, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee, 818 F.2d 461, 1987 U.S. App. LEXIS 5707, 17 Soc. Serv. Rev. 754 (6th Cir. 1987).

Opinion

PER CURIAM.

After unsuccessfully pursuing claims for Social Security disability benefits and supplemental income benefits through the agency appeals process, Maxmilliano Villarreal sought relief — still unsuccessfully — in federal district court. Finding substantial evidence in support of the Secretary’s denial of benefits, we shall affirm the judgment of the district court.

Claimant Villarreal filed a claim for Social Security benefits on January 17, 1983, asserting disability commencing May 31, 1981. At a hearing held before the Administrative Law Judge Mr. Villarreal testified that he was 63 years old, stood 5’6” in height, and weighed 110 pounds — 10 pounds less than he weighed the year before. Although he could count, Mr. Villarreal had only a third grade education, could not read or write English, and needed an interpreter for the hearing. Mr. Villarreal complained of an intermittent appetite, back and leg pain, limitations in the use of his left hand, and pain upon lifting objects in excess of five pounds. His most recent employment, which came to a conclusion on May 31, 1981, was as a park maintenance man for Manpower. That work entailed picking up bottles and removing sand that blew under park tables. Because Mr. Villarreal sometimes had to lift up to 10 pounds, the vocational expert characterized the employment at Manpower as “light.” Mr. Villarreal’s previous employment as a gas station attendant also fell under that exertional category. Various other jobs held by the claimant in the past had higher exertional demands, according to the vocational expert.

Although Mr. Villarreal testified that he had trouble bathing and could only sit, stand, or walk for short periods without pain, he did acknowledge that he swept the front of his home, had no problems driving his automobile, and went out to visit acquaintances. Mr. Villarreal denied drinking alcoholic beverages, but it is maintained on appeal that he suffers from a disabling conjunction of alcoholism, diabetes, back and leg pain, colitis and gastritis. The medical record reveals that Mr. Villarreal has been repeatedly hospitalized since he stopped working in May of 1981.

This court reviews the Secretary’s findings to determine whether they are supported by substantial evidence. “Substantial evidence means more than a mere scintilla of evidence, such evidence as a reasonable mind might accept as adequate to support a conclusion.” Farris v. Secretary of Health and Human Services, 773 F.2d 85, 90 (6th Cir.1985).

The regulations instruct the ALJ to conduct a five step analysis in reaching a determination regarding disability. 20 C.F.R. § 404.1520. In this instance the ALJ acknowledged that Mr. Villarreal suffered a “severe impairment” from his uncontrolled diabetes. Although Mr. Villarreal was thus able to satisfy the “severity” requirement at the second step of the analysis, he failed to demonstrate, as the ALJ concluded, that he could no longer perform his past relevant light maintenance work at Manpower and as a gas station attendant. These findings, which have substantial support in the record, require that benefits be denied.

Unfortunately for the claimant, his own treating physician, Dr. Robert Hemphill, provided qualified opinions, at best, as to the degree of disability. In a January 21, 1983, letter to the State’s Disability Determination Service, Dr. Hemphill recounted that he had treated Mr. Villarreal for diabe *463 tes, colitis, and gastritis over the preceding 18 months. As of January 1983, Mr. Villarreal appeared “stable.” As to the degree of disability, Dr. Hemphill thought that Mr. Villarreal “probably would be disabled from doing any type of work in which he would be under severe stress----” The doctor’s second letter to the Disability Determination Service, written approximately seven months later, reiterated that the claimant’s medical condition only precluded the performance of “work which could cause a lot of stress____” Finally, on April 19, 1984, Dr. Hemphill wrote Mr. Villarreal’s attorney that the claimant could not do any “heavy” labor.

Given Dr. Hemphill’s opinion that Mr. Villarreal was only precluded from doing work involving “heavy labor” or “a lot of stress,” the AU could properly conclude that the claimant was able to return to his previous light work at Manpower or as a gas station attendant. Although it is maintained on appeal that the AU failed to consider the impairments in conjunction, the AU’s conclusion did not depart from, and indeed relied upon, that of Dr. Hemp-hill. The doctor presumably considered the claimant’s various medical complaints in combination, yet he offered an opinion that implied Mr. Villarreal could perform his past work.

The claimant asked the Appeals Council to consider a final document from Dr. Hemphill that was not before the AU. This was a January 8, 1985, “Physical Capacities Evaluation” indicating that Mr. Villarreal suffered severe exertional limitations. According to this form, the claimant could never lift more than 10 pounds, and was only able to lift one pound occasionally or infrequently. The form suggested that Mr. Villarreal could only sit for a total of four hours, stand for one hour, and walk for one hour each day. Such exertional limitations were ascribed to the claimant’s arthritis and “weakness.” The Appeals Council could properly refuse to credit this final report, which contained no substantiating medical data and was inconsistent with Dr. Hemphill’s previous opinions. See 20 C.F.R. § 404.1527, 404.1529; Kirk v. Secretary of Health and Human Services, 667 F.2d 524, 538 (6th Cir.1981), cert denied, 461 U.S. 957, 103 S.Ct. 2428, 77 L.Ed.2d 1315 (1983).

Although Mr. Villarreal contends otherwise, the AU did not merely depend on Mr. Villarreal’s demeanor at the hearing to determine that return to the relevant past light work was possible. The AU did record that “at the hearing the claimant did not exhibit any limitations as far as sitting, rising or walking.” The AU also referred, however, to Dr. Hemphill’s repeated statements that Mr. Villarreal was disabled from certain work only, and that the medical records indicated that the main complaint of diabetes responded well to treatment. We hasten to add, however, that we do not intend to belittle the significance of the AU’s opportunity to observe the claimant. “[Tjolerance of pain is a highly individual matter and a determination of disability based on pain by necessity depends largely on the credibility of the claimant.” Houston v. Secretary of Health and Human Services, 736 F.2d 365, 367 (6th Cir.1984). In this instance the AU made an adverse credibility finding, and given his opportunity to observe the claimant, his conclusions should not lightly be discarded. Id.

The discharge diagnoses for the hospitalizations in November of 1982 and in June of 1983 include the comment that Mr. Villarreal “tended to respond well” to treatment for his diabetes.

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818 F.2d 461, 1987 U.S. App. LEXIS 5707, 17 Soc. Serv. Rev. 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxmilliano-villarreal-plaintiff-appellant-v-secretary-of-health-and-ca6-1987.