Phillips v. Bowen

659 F. Supp. 996, 1987 U.S. Dist. LEXIS 4008, 17 Soc. Serv. Rev. 886
CourtDistrict Court, N.D. Illinois
DecidedMay 18, 1987
DocketNo. 86 C 8231
StatusPublished

This text of 659 F. Supp. 996 (Phillips v. Bowen) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. Bowen, 659 F. Supp. 996, 1987 U.S. Dist. LEXIS 4008, 17 Soc. Serv. Rev. 886 (N.D. Ill. 1987).

Opinion

MEMORANDUM ORDER

BUA, District Judge.

This order concerns plaintiff’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated herein, plaintiff’s motion for summary judgment is denied and defendant’s motion for summary judgment is granted.

I. FACTS

Plaintiff Dennis Phillips is a 45-year-old man who filed an application for disability insurance benefits on October 12, 1984, with the Department of Health and Human Services, Social Security Administration. The application claims that plaintiff became disabled on April 21, 1984, when plaintiff sustained a hip dislocation, a fractured jaw, and a depressed skull fracture. Plaintiff claims these injuries have limited the use of his left hip due to pain and exacerbated a previously existing hearing impairment.

Benefits were denied at two levels of review in the Social Security Administration. Plaintiff then requested a hearing before an administrative law judge ("ALT”) which was held on May 14, 1985. The ALJ found plaintiff capable of light work1 and, therefore, not disabled according to the Medical Vocational Guidelines. 20 C.F.R. Part 404, Subpart P, App. 2, Table 2. The AU rejected plaintiff’s testimony concerning disabling pain noting its lack of persuasiveness and lack of support in the medical evidence of record. The appeals council affirmed the AU’s decision on September 30, 1986. Consequently, plaintiff brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the final decision by the Secretary of Health and Human Services (Secretary).

II. DISCUSSION

Jurisdiction to consider plaintiff’s claim is conferred by 42 U.S.C. § 405(g). This statute allows a district court to review the pleadings and transcript of the record in deciding whether the Secretary’s decision should be affirmed, modified, or reversed. However, the Secretary’s findings as to any fact are conclusive if supported by substantial evidence. 42 U.S.C. § 405(g). [998]*998Substantial evidence is that which a reasonable mind might accept to support a conclusion. Taylor v. Schweiker, 739 F.2d 1240, 1241 (7th Cir.1984). Plaintiffs motion for summary judgment asks this court to reverse the Secretary’s determination denying benefits and to order the Secretary to pay the plaintiff’s disability benefits.

Plaintiff primarily contends that the AU’s determination of plaintiff being capable of performing light work is not supported by substantial evidence. Specifically, plaintiff claims the AU’s determination is inconsistent with the medical evidence and the plaintiff’s testimony concerning pain. Further, plaintiff claims the AU improperly concluded that plaintiff’s hearing impairment did not significantly compromise plaintiff’s light work capability.

The responsibility for determining the residual functional capacity of benefit applicants rests with the AU when a case reaches the AU hearing level. 20 C.F.R. § 404.1546. Residual functional capacity reflects an applicant’s ability despite limitations. 20 C.F.R. § 404.1545. AU decisions concerning residual capacity must be affirmed on review if supported by substantial evidence. 42 U.S.C. § 405(g); Davis v. Califano, 603 F.2d 618, 625 (7th Cir.1979). Pain can be a factor in determining residual functional capacity. 20 C.F.R. § 404.1545. However, an AU may consider pain only if medical evidence demonstrates its cause. 42 U.S.C. § 423(d)(5)(A); Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir.1986).

Plaintiff contends that the AU did not properly consider evidence of plaintiff’s disabling pain. First, plaintiff alleges that the medical evidence precludes the AU’s determination of light work. According to plaintiff, the treating and consultive physician’s reports do not demonstrate that plaintiff can engage in the amount of walking or standing light work involves. However, the medical evidence overwhelmingly supports the AU’s determination that plaintiff retains the capacity to perform light work. Plaintiff’s treating physician declared the open reduction to repair the left hip a success and subsequent X-rays showed no abnormalities in the hip. Although treating and consultive physicians found some limitation in motion for plaintiff’s left hip, the medical reports find the left hip neurologically normal, with normal sensation and motor strength intact. Moreover, a treating physician restricts plaintiff from heavy lifting, climbing, bending, and stooping, but none of the doctors restrict the amount of plaintiff’s standing or walking. Consequently, the lack of medical evidence showing disabling pain provides a reasonable basis for the AU to conclude plaintiff can perform light work. Nelson v. Secretary of Health and Human Services, 770 F.2d 682, 685 (7th Cir.1985).

Plaintiff also alleges that the AU improperly rejected his testimony concerning pain in the left hip. However, the AU rejected plaintiff’s testimony concerning disabling pain due to a lack of credibility. As such, the rejection of plaintiff’s testimony must stand unless the AU’s assessment of plaintiff’s credibility concerning pain is patently erroneous. Imani v. Heckler, 797 F.2d 508, 512 (7th Cir.1986). Examining the record, this court cannot say that the AU’s assessment of plaintiff’s credibility was patently erroneous. The record shows that plaintiff did not suffer sleeplessness nor need significant medication due to his alleged pain. Also, plaintiff’s claim of limited sitting ability is inconsistent with testimony concerning his driving to Florida on vacation and driving for 40 minutes straight to reach the hearing. Further, the AU noted that plaintiff was able to sit for over an hour at the hearing without apparent distress. Consequently, the AU properly excluded pain as a factor in determination of plaintiff’s residual functional capacity since no medical evidence showed the pain’s cause and the AU properly rejected plaintiff’s subjective complaints about pain.

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Bluebook (online)
659 F. Supp. 996, 1987 U.S. Dist. LEXIS 4008, 17 Soc. Serv. Rev. 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-bowen-ilnd-1987.