Paterson v. Apfel

991 F. Supp. 1086, 1998 WL 58870
CourtDistrict Court, S.D. Iowa
DecidedFebruary 11, 1998
DocketNo. 3-97-CV-90090
StatusPublished

This text of 991 F. Supp. 1086 (Paterson v. Apfel) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paterson v. Apfel, 991 F. Supp. 1086, 1998 WL 58870 (S.D. Iowa 1998).

Opinion

MEMORANDUM OPINION AND ORDER

PRATT, District Judge.

Plaintiff, Connie M. Patterson, filed a Complaint in this Court on May 28, 1997, seeking review of the Commissioner’s decision to deny her claim for disability insurance benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq., 1381 et seq., This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g). For the reasons set out herein, the decision of the Commissioner is affirmed.

BACKGROUND

Plaintiff, Connie M. Patterson, filed an application for disability benefits on March 15, 1994, claiming an onset of disability date of November 1,1993. Tr. at 61-67. Her application was denied initially and upon reconsideration. After a hearing (Tr. at 38-80), Administrative Law Judge Thomas M. Donahue (ALJ) issued a decision on October 22, 1996, denying benefits. Tr. at 8-22. On May 8, 1997, the Appeals Council denied Plaintiffs request for review. Tr. at 3-4. Plaintiff filed this Complaint on May 28,1997.

STANDARD OF REVIEW

We will uphold the Commissioner’s determinations if they are supported by substantial evidence on the record as a whole. Keller v. Shalala, 26 F.3d 856, 858 (8th Cir.1994). Substantial evidence is relevant evidence which a reasonable mind would accept as adequate to support the Commissioner’s conclusion. Woolf v. Shalala, 3 F.3d 1210, 1213 (8th Cir.1993). “In assessing the substantiality of the evidence, we must consider evidence that detracts from the [Commissioner’s] decision as well as evidence that supports it.” Id. We cannot overturn the Commissioner’s decision merely because of the existence of substantial evidence supporting a different outcome. Smith v. Shalala, 987 F.2d 1371, 1374 (8th Cir.1993).

Spradling v. Callahan, 126 F.3d 1072, 1073-74 (8th Cir.1997). In making this inquiry, a court should neither consider a claim de novo nor abdicate it’s function to carefully analyze the entire record. Brinker v. Weinberger, 522 F.2d 13, 16 (8th Cir.1975).

ALJ’S FINDINGS

Plaintiff last met the earnings requirement of the Act at the end of June, 1995. Tr. at 21. That is to say, Plaintiff must prove that she became disabled on or before that date. Grebenick v. Chater, 121 F.3d 1193, 1196 (8th Cir.1997). The ALJ, following the sequential evaluation found at 20 C.F.R. § 404.1520, found that Plaintiff has not engaged in substantial gainful activity since November 1, 1993. The ALJ found that Plaintiff has, severe impairments: Migraine headaches; an affective disorder; and a cervical pain syndrome. The ALJ found that these impairments are not severe enough to meet or équal any of the impairments listed in Appendix 1, Sub-part P, Regulations No. 4. The ALJ found that Plaintiff has the residual functional capacity for light work, reduced by limitations set out in his hypothetical question to the vocational expert at the administrative hearing:

I’d like to ask you a hypothetical question. Age 41; female; eighth grade education; past relevant work as set forth in Exhibit 33; ability to lift up to 20 pounds occasionally, ten pounds frequently; no limitation on sitting eight of an eight hour day; standing up to 30 to 45 minutes at a time with a total between standing and walking of seven of an eight hour day; walking up to two blocks at a time; with the ability to alternate positions at will between standing and sitting; only occasional climbing of ramps and stairs; never climbing ladders, ropes, scaffolds; only occasional bending, stooping, kneeling, crouching, crawling and bending due to migraine headaches, would i like to have a low stress job, approximately three on a scale of one to ten with one being the most less stressful and ten being the most stressfid; do to problems with concentration, I would limit the job to simple routine tasks; and claimant would need some sort of work where she can alternate her head position and be able to walk; or [1088]*1088at least be on her feet where she can move; (Tr. at 56)

At the fourth step of the sequential evaluation, the ALJ found that Plaintiffs impairments prevent her from performing her past relevant work. Tr. at 21. At the fifth step, the ALJ found that there are other jobs that exist in significant numbers for which Plaintiff has the residual functional capacity (RFC). Tr. at 22.

DISCUSSION

It is well settled law that having found Plaintiff unable to do her past work, the burden of proof was on the Commissioner to prove, with medical evidence, that Plaintiff has a RFC, and that other jobs exist in significant numbers that such a person is able to perform. McCoy v. Schweiker, 683 F.2d 1138, 1147 (8th Cir.1982) (en banc); O’Leary v. Schweiker, 710 F.2d 1334, 1338 (8th Cir.1983); Soth v. Shalala, 827 F.Supp. 1415, 1417 (S.D.Iowa 1993); Davis v. Callahan, 985 F.Supp. 913 (S.D.Iowa 1997) and cases cited therein. See also Simpson v. Callahan, 979 F.Supp. 1264, 1266 (E.D.Mo.1997).

In an effort to meet his burden, the Commissioner sent Plaintiff, for two consultative examinations. The first examination was by Stanley Rabinowitz, M.D. (Tr. at 167-71), whose medical specialties include infectious diseases, and internal medicine (Tr. at 178). After his examination, Dr. Rabinowitz wrote:

The patient presents with a significant history of chronic headaches which appear to be multifaetorial in type, including cluster headaches, spasmodic headaches, and migraine headaches. The patient takes no therapy at present for this problem. There is a history of previous evaluation in Chicago at the Diamond Headache Clinic for this problem. The patient has also complained of neck pain with previous trauma to the ribs as noted above. The patient takes no therapy for this problem, but current physical examination did reveal decreased range of motion testing of the cervical spine. There was no evidence of paravertebral muscle spasm, and range of motion testing of the remaining joints was normal without evidence of active joint inflammation. Straight leg raising was negative. The patient is able to ambulate about the examining room without the use or need of an assistive device. Gait and station were normal. Grip strength and digital dexterity were unimpaired. The patient had no difficulty getting on and off the examining table or squatting.

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Related

Spradling v. Chater
126 F.3d 1072 (Eighth Circuit, 1997)
Simpson v. Callahan
979 F. Supp. 1264 (E.D. Missouri, 1997)
Soth v. Shalala
827 F. Supp. 1415 (S.D. Iowa, 1993)
Davis v. Callahan
985 F. Supp. 913 (S.D. Iowa, 1997)
Bradley v. Bowen
660 F. Supp. 276 (W.D. Arkansas, 1987)
Marlise Grebenick v. Shirley S. Chater
121 F.3d 1193 (Eighth Circuit, 1997)
Gavin v. Heckler
811 F.2d 1195 (Eighth Circuit, 1987)
Smith v. Shalala
987 F.2d 1371 (Eighth Circuit, 1993)

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Bluebook (online)
991 F. Supp. 1086, 1998 WL 58870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paterson-v-apfel-iasd-1998.