Perkins v. Astrue

648 F.3d 892, 2011 U.S. App. LEXIS 16408, 2011 WL 3477199
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 10, 2011
Docket10-3630
StatusPublished
Cited by308 cases

This text of 648 F.3d 892 (Perkins v. Astrue) 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
Perkins v. Astrue, 648 F.3d 892, 2011 U.S. App. LEXIS 16408, 2011 WL 3477199 (8th Cir. 2011).

Opinion

READE, District Judge.

Sherry E. Perkins applied to the Social Security Administration (“SSA”) for disability benefits. After a hearing, the administrative law judge (“ALJ”) denied Perkins’s application for benefits, concluding that Perkins retained the ability to perform her past relevant work, and was therefore not disabled. The SSA Appeals Council denied Perkins’s request to review the ALJ’s decision, making the ALJ’s deeision the final decision of the Commissioner of Social Security. Perkins appealed the ALJ’s decision to the district court, 2 and the district court affirmed. Perkins now appeals to this court. We conclude that the ALJ’s decision was supported by substantial evidence, and we affirm.

1. BACKGROUND

A. Procedural History

On or about January 16, 2006, Perkins completed an application for social security disability benefits, alleging a disability onset date of December 12, 2005. On March 27, 2006, the SSA denied Perkins’s application. On April 12, 2006, Perkins filed a request for a hearing before an ALJ. On December 10, 2007, the ALJ held a hearing. On February 26, 2008, the ALJ denied Perkins’s claim for benefits. On April 18, 2008, Perkins filed a request for review. On May 29, 2009, the Appeals Council denied review. On July 23, 2009, Perkins appealed to the district court. On September 30, 2010, the district court entered a judgment affirming the ALJ’s decision.

B. Work History

Perkins worked as a full time lace cutter from 1981 to 1994. Perkins then owned and operated a beauty shop from 1994 to 1996. During that time, Perkins worked as a hairdresser and also worked on a factory assembly line. In 1995, Perkins was in a car accident and sustained an injury requiring her to have cervical spine fusion surgery. Perkins was awarded social security disability benefits in about March of 1995. Perkins received a bachelors degree in Human Services in 1999 and *897 began working as the director of volunteer services for a nonprofit organization. In this role, Perkins prepared reports, shopped for events, set up for events, retrieved files, made copies, and returned files. Perkins’s social security benefits terminated after nine months of employment. Perkins was employed in this position until 2005. Perkins has not worked full time since 2005, but she has worked part time at a thrift shop that she owns and has taken classes toward a masters degree.

C. Medical History

Perkins asserts that her impairments of fibromyalgia, hypertension, gastroesophageal reflux disease (“GERD”), chronic obstructive pulmonary disease (“COPD”), depression, and panic attacks constitute a disability with an onset date of December 12, 2005. Perkins’s medical history is set out in detail in the record, and we need not recount it here.

II. DISCUSSION
A. Standard of Review

“ ‘We review de novo the District Court’s determination of whether substantial evidence on the record as a whole supports the ALJ’s decision.’ ” Medhaug v. Astrue, 578 F.3d 805, 813 (8th Cir.2009) (quoting Gonzales v. Barnhart, 465 F.3d 890, 894 (8th Cir.2006)). “ We will affirm the ALJ’s findings if supported by substantial evidence on the record as a whole.’ ” Id. (quoting Kelley v. Callahan, 133 F.3d 583, 587 (8th Cir.1998)). “Substantial evidence is relevant evidence that a reasonable mind would accept as adequate to support the Commissioner’s conclusion.” Id. (quoting Goff v. Barnhart, 421 F.3d 785, 789 (8th Cir.2005)). “We must consider evidence that both supports and detracts from the ALJ’s decision, but we will not reverse an administrative deeision ‘simply because some evidence may support the opposite conclusion.’ ” Id. (quoting Goff, 421 F.3d at 789). “ ‘If, after reviewing the record, the court finds it is possible to draw two inconsistent positions from the evidence and one of those positions represents the ALJ’s findings, the court must affirm the ALJ’s decision.’ ” Id. (quoting Goff, 421 F.3d at 789).

B. Perkins’s Claims on Appeal

On appeal, Perkins claims that (1) the ALJ failed to give adequate weight to Perkins’s treating physician; (2) the ALJ failed to comply with the Commissioner’s policies in evaluating the severity of Perkins’s fibromyalgia; (3) the ALJ erred in finding statements not credible and in failing to properly apply the Polaski 3 factors; (4) the ALJ erred when he declined to adopt a finding from the vocational expert; and (5) the ALJ is biased. We will address each of these claims, in turn.

1. Perkins’s Treating Physician

Perkins argues that the ALJ failed to accord adequate weight to the opinions of her treating physician, Dr. Erik Meidl. “ ‘[A] treating physician’s opinion is given controlling weight if it is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence.’ ” Medhaug, 578 F.3d at 815 (quoting Goff, 421 F.3d at 790). “ ‘A treating physician’s opinion does not automatically control, since the record must be evaluated as a whole.’ ” Id. (quoting Goff, 421 F.3d at 790). “ ‘An ALJ may discount or even disregard the opinion of a treating physician where other medical assessments are supported by better or more thorough medical evidence, or where a treating physician renders inconsistent opinions that undermine the credi *898 bility of such opinions.’ ” Id. (quoting Goff, 421 F.3d at 790) (internal quotation marks omitted).

First, Perkins argues that the ALJ should have given controlling weight to Dr. Meidl’s opinion in his July 7, 2007 treatment notes. In these notes, Dr. Meidl stated, “The patient is currently unable to work with her severe psychiatric problems and flare-up of her fibromyalgia and her chronic pain from her prior neck injuries.” Appendix at 251. However, “[a] treating physician’s opinion that a claimant is disabled or cannot be gainfully employed gets no deference because it invades the province of the Commissioner to make the ultimate disability determination.” House v. Astrue, 500 F.3d 741, 745 (8th Cir.2007). Thus, the ALJ was not required to give controlling weight to Dr. Meidl’s July 7, 2007 opinion.

Second, Perkins argues that the ALJ should have given controlling weight to the Medical Source Statement of Ability to do Work-Related Activities (“Medical Source Statement”) that Dr. Meidl completed on November 30, 2007.

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648 F.3d 892, 2011 U.S. App. LEXIS 16408, 2011 WL 3477199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-astrue-ca8-2011.