Norma Jean MITCHELL, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee

827 F.2d 387, 1987 U.S. App. LEXIS 11507, 18 Soc. Serv. Rev. 754
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 31, 1987
Docket86-1582
StatusPublished
Cited by12 cases

This text of 827 F.2d 387 (Norma Jean MITCHELL, 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
Norma Jean MITCHELL, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee, 827 F.2d 387, 1987 U.S. App. LEXIS 11507, 18 Soc. Serv. Rev. 754 (8th Cir. 1987).

Opinion

PER CURIAM.

Norma Jean Mitchell appeals the district court’s order affirming the decision of the Secretary of Health and Human Services denying her claim for disability and Social Security Disability Insurance benefits. We reverse and remand with direction to remand the proceedings to the Secretary for further hearing.

Mitchell is a fifty-one-year old female, five feet zero inches tall and weighing seventy-nine pounds. She has a twelfth grade education. She has not engaged in substantial gainful activity since March 4, 1979, her alleged onset date of disability. She last met the insured status requirements of the Social Security Act on December 31, 1981. Mitchell filed her second application for disability benefits on April 2, 1984. 1 She listed her disabling conditions as “stroke, pulmonary infection, extreme weakness, back trouble, headaches.” She complained of extreme weight loss, lack of energy, and headache and back pain so severe that she was unable to work. The Social Security interviewer described her as “very small and frail looking.”

Mitchell was represented by counsel at the hearing before the ALJ. She testified that she has had severe headaches every month, which sometimes lasted for three or four days at a time. Mitchell stated that normally she is able to control the pain through medication; however, at least three times a year she requires hospitalization for dehydration resulting from in *388 cessant vomiting caused by the headaches. Accompanying these headache spells is a history of weight loss of greater than ten per cent of her body weight. Mitchell also complained of intense back pain, which kept her from sitting in one place for more than a half hour at a time and usually required hot baths on a daily basis. Most of Mitchell’s testimony related only to her then current condition.

Two other individuals testified at Mitchell’s hearing. Her husband testified that, despite Mitchell’s efforts, she was virtually incapable of performing any household chore; could not ride in the car for long periods of time; and no longer danced with him or socialized with any of their friends. Mr. Mitchell described his wife as extremely nervous and unable to sleep at night. Mrs. Pauline Dorothy Rice also testified at the hearing. Mrs. Rice lived with the Mitchells for six months in 1983. During that time, she took over the household chores in exchange for free room and board. Rice testified that Mitchell would have headaches and “[sjhe’d have to go to bed. And she’d throw up, and she’d just be very sick____” She described Mitchell as slow in moving, constantly in pain, and continually taking medication.

Mitchell also submitted numerous medical reports dating back to November 1972. The medical documentation was, however, somewhat conflicting. The record indicates that Mrs. Mitchell suffered a sub-arachnoid (brain) hemorrhage in 1972, and a back injury in 1980. There is evidence, though, that the headaches she now complains of preceded the hemorrhage. 2 Hospital records show that, since 1972, she has indeed been hospitalized an average of three times a year for dehydration caused by the incessant vomiting accompanying the headache spells. From all accounts, the severity of the headaches has increased steadily over the last several years. Nevertheless, the record contains at least one medical report suggesting that Mitchell’s condition is improved markedly by medication. The medical records also indicate that in 1981 Mitchell was suffering from an old back injury (probably in 1980) accompanied by a number of osteoporotic skeletal changes. An opinion of the extent of the injury and an analysis of what pain, if any, such an injury normally causes is not contained in the record.

The AU concluded that Mitchell “failed to produce sufficient medical documentation or other evidence to establish that she was ‘disabled’ within the meaning of the Social Security Act ... on or before December 31,1981____” In reaching his decision, the AU applied the sequential analysis set out in Social Security Regulation No. 4. The AU found that during the relevant time periods, Mitchell did not have “any condition or combination of conditions that was of such severity as to reasonably be expected to preclude her from performing her past sedentary work activity as a personnel clerk or clerk-typist.” He found that although recent medical evidence on the severity of headaches and back pain was “significant,” there was no evidence that those conditions were present at the time Mitchell’s insured status expired. Finally, the AU held that Mitchell’s “complaints and allegations as to the periods of time prior to December 31, 1981, are found to lack credibility when viewed against all of the evidence.” He did not, however, indicate the evidence to which he referred.

The district court affirmed the AU’s dismissal of Mitchell’s complaint, finding that it could “not say that the Secretary’s decision [was] not supported by substantial evidence.” The court wrote that “one could reasonably conclude that the Plaintiff was not disabled prior to the expiration of her insured status, although it is clear that she did indeed have some medical problems at that time.” Accordingly, the court affirmed the Secretary’s decision and dismissed Mitchell’s complaint.

On appeal, Mitchell argues that it was reversible error for the ALJ to (1) not indicate explicitly what evidence he relied *389 on in concluding that Mitchell’s subjective complaints of pain were not credible; (2) rely solely on the “grid” regulations and to refuse to call a vocational expert; and (3) reject medical judgments regarding Mitchell’s ability to engage in gainful employment in the absence of any contradictory medical evaluations.

In reviewing a denial of social security benefits, this court must determine whether substantial evidence on the record as a whole supports the Secretary’s decision. 42 U.S.C. § 405(g); Bastian v. Schweiker, 712 F.2d 1278, 1280 (8th Cir.1983). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Johnson v. Heckler, 744 F.2d 1333, 1337 (8th Cir. 1984). Even though the evidence presented may conflict, this court’s review of the final administrative decision is limited to deciding whether it is supported by substantial evidence. Wilson v. Schweiker, 681 F.2d 526, 527 (8th Cir.1982).

The claimant bears the initial burden of proving that he is unable to perform his past relevant work. McCoy v. Schweiker, 683 F.2d 1138, 1146-47 (8th Cir.1982). “In a case where there exists conflicting allegations and claims, credibility findings in the first instance are for the ALJ.” Smith v. Heckler,

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Bluebook (online)
827 F.2d 387, 1987 U.S. App. LEXIS 11507, 18 Soc. Serv. Rev. 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norma-jean-mitchell-appellant-v-otis-r-bowen-secretary-of-health-and-ca8-1987.