Phyllis Y. BLACK, Appellant, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Appellee

143 F.3d 383, 1998 U.S. App. LEXIS 7783, 1998 WL 191158
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 23, 1998
Docket97-3384
StatusPublished
Cited by509 cases

This text of 143 F.3d 383 (Phyllis Y. BLACK, Appellant, v. Kenneth S. APFEL, Commissioner, Social Security Administration, 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
Phyllis Y. BLACK, Appellant, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Appellee, 143 F.3d 383, 1998 U.S. App. LEXIS 7783, 1998 WL 191158 (8th Cir. 1998).

Opinion

WOLLMAN, Circuit Judge.

Phyllis Y. Black appeals the district court's 1 judgment affirming the denial of her application for social security disability benefits. We affirm.

I.

Phyllis Y. Black is a forty-nine-year-old woman who earned a high school degree and attended Y% years of college. Her past relevant work includes experience as a receptionist, word processing secretary, statistical word processor, and receptionist/inventory clerk. On December 17, 1993, Black filed applications for social security disability insurance benefits and supplemental security income. Alleging a disability onset date of December 31, 1992, Black claimed that she was unable to work, due to scoliosis, carpal tunnel syndrome, headaches, depression and a nervous condition. 2 The Social Security Administration denied her applications initially and again on reconsideration. Following a hearing, an administrative law judge (ALJ) found that Black was not disabled. Pursuant to regulatory guidelines promulgated at 20 C.F.R. § 416.920(a) — (f), the ALJ found that Black had not engaged in substantial gainful activity since December of 1992 and concluded that although she suffered from residuals from severe scoliosis and headaches, Black did not have an impairment or combination of impairments equivalent to a listed impairment. The ALJ further found that Black’s impairments did not prevent her from performing her past relevant work. See Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 2291-92, 96 L.Ed.2d 119 (1987) (describing the five-step eligibility analysis). After applying principles we set forth in Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984) (subsequent history omitted), the ALJ further concluded that Black’s subjective allegations of disabling pain were not credible.

The Appeals Council denied Black’s request for further review, and she subsequently sought judicial review pursuant to 42 U.S.C. § 405(g). The district court granted the Commissioner’s motion for summary judgment, finding that substantial evidence supported the Commissioner’s decision to deny Black’s benefits.

II.

We will uphold the Commissioner’s determinations if they are supported by substantial evidence on the record as a whole. See Spradling v. Chater, 126 F.3d 1072, 1073-74 (8th Cir.1997). Substantial evidence is relevant evidence which a reasonable mind would accept as adequate to support the Commissioner’s conclusion. See 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 may not reverse the Commissioner merely because substantial evidence exists supporting a different outcome. See Smith v. Shalala, 987 F.2d 1371, 1374 (8th Cir.1993).

We first address Black’s argument that the ALJ failed to consider the opinion of her treating physician, Dr. G. Randall Gun-tharp, who wrote to the Social Security Administration urging that Black be granted disability benefits. Dr. Guntharp’s letter, characterizing Black’s scoliosis as “extreme,” stated that it was only after his urging that Black applied for benefits and that Black “is much more handicapped than many of the people presently receiving disability.” Black *386 argues that the letter represented Dr. Gun-tharp’s opinion that she was disabled. She contends that the ALJ was compelled by our decision in Prince v. Bowen, 894 F.2d 283, 285 (8th Cir.1990), to discuss Guntharp’s opinion. In Prince we held that “[a]n ALJ’s failure to consider or discuss a treating physician’s opinion that a claimant is disabled constitutes error where, as here, the record contains no contradictory medical opinion.” Id. at 285-86.

The ALJ’s decision discussed the medical evaluations contained in Dr. Gun-tharp’s letter and noted relevant information from the doctor’s treatment notes. Although the ALJ apparently incorporated Dr. Gun-tharp’s findings into his decision, he did not specifically discredit the physician’s conclusions. Black, contending that the letter was an unequivocal statement of Dr. Guntharp’s opinion, alleges this was an error. Although required to develop the record fully and fairly, an ALJ is not required to discuss every piece of evidence submitted. See Miller v. Shalala, 8 F.3d 611, 613 (8th Cir.1993) (per curiam). An ALJ’s failure to cite specific evidence does not indicate that such evidence was not considered, see Montgomery v. Chater, 69 F.3d 273, 275 (8th Cir.1995). Given the ALJ’s specific references to the medical findings set forth in Dr. Guntharp’s letter, it is highly unlikely that the ALJ did not consider and reject Dr. Guntharp’s opinion that Black was disabled as a result of her extreme scoliosis.

Black also argues that the ALJ improperly discredited her subjective complaints of pain. “As is true in many disability cases, there is no doubt that the claimant is experiencing pain; the real issue is how severe that pain is.” Woolf, 3 F.3d at 1213. In analyzing a claimant’s subjective complaints of pain, an ALJ must examine: (1) the claimant’s daily activities; (2) the duration, frequency, and intensity of the pain; (3) dosage, effectiveness, and side effects of medication; (4) precipitating and aggravating factors; and (5) functional restrictions. See Polaski, 739 F.2d at 1322. Other relevant factors include the claimant’s relevant work history and the absence of objective medical evidence to support the complaints. See id. The ALJ may discount subjective complaints of pain if inconsistencies are apparent in the evidence as a whole. See Spradling, 126 F.3d at 1075.

Applying the Polaski directives, the ALJ examined the objective medical evidence of Black’s physiological impairments and the inconsistencies in Black’s claims and determined that Black’s subjective complaints of disabling pain lacked credibility. The ALJ observed that although Black complained of debilitating pain, she was still able at times to engage in many normal daily activities including household work, visiting friends, and attending church. See Lawrence v. Chater, 107 F.3d 674

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Bluebook (online)
143 F.3d 383, 1998 U.S. App. LEXIS 7783, 1998 WL 191158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phyllis-y-black-appellant-v-kenneth-s-apfel-commissioner-social-ca8-1998.