Quinlan v. Chater

966 F. Supp. 854, 1997 U.S. Dist. LEXIS 9057, 1997 WL 321380
CourtDistrict Court, E.D. Missouri
DecidedApril 7, 1997
DocketNo. 1:96 CV 74 DDN
StatusPublished

This text of 966 F. Supp. 854 (Quinlan v. Chater) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quinlan v. Chater, 966 F. Supp. 854, 1997 U.S. Dist. LEXIS 9057, 1997 WL 321380 (E.D. Mo. 1997).

Opinion

MEMORANDUM

NOCE, United States Magistrate Judge.

This action is before the Court upon the motions of the parties for summary judgment [855]*855under Rule 56, Federal Rules of Civil Procedure. The parties have consented to the exercise of authority by the undersigned United States Magistrate Judge under 28 U.S.C. § 636(c)(3).

Plaintiff Renita Quinlan brought this action for judicial review of the denial of her claim for supplemental security income benefits based upon disability under Title XVI of the Social Security Act (the Act), 42 U.S.C. §§ 1381 et seq. Plaintiff applied for these benefits on September 23,1994. She alleged she became disabled in 1989 on account of arthritis and “hurt[ing] all the time.” (Tr. 77-80, 92.)

On September 15, 1995, after a de novo hearing, an administrative law judge (ALJ) decided that plaintiff was not disabled under the Act. The ALJ found that plaintiff had not performed substantial gainful activity since at least the date she applied for benefits; that she suffers from osteoarthritis of the lumbar and thoracic spine, arthritic changes of the sacroiliac spine, recurrent bronchitis and sinusitis, hiatus hernia, peptic ulcer disease, and recurrent headaches; that none of these impairments, individually or in combination with one or more other impairments, is the equivalent of any impairment in the Commissioner’s list of disabling impairments, 20 C.F.R. Part 404, Subpt. P, App. 1; that plaintiffs complaints that the impairments are of disabling severity are not credible; that plaintiff has the residual functional capacity to perform physical exertional requirements of work, except for lifting more than ten pounds; that claimant cannot perform her past relevant work as a gas station attendant; that she has the residual functional capacity to perform a full range of sedentary work; that plaintiff is 42 years of age, a younger individual; that she has a limited education; and that under Rules 201.24 and 201.25 of Table No. 1 of Appendix 2, Subpt. P, Regulations No. 4, and 20 C.F.R. § 416.920(f), plaintiff is not disabled. (Tr. 15.) The Appeals Council denied plaintiffs request for a review of the ALJ’s decision (Tr. 3-4) and that decision became the final decision of the defendant Commissioner of Social Security.

The Commissioner’s decision is conclusive upon this Court, if it is supported by substantial evidence, which is relevant evidence which a reasonable person could accept as adequate to support the decision. See 42 U.S.C. § 405(g); Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). To be disabled under the Act, plaintiff must show that she is unable to engage in any substantial gainful activity by reason of a medically determinable impairment which can be expected to end in death or which has lasted or can be expected to last for not less than twelve months. 42 U.S.C. § 1382c(a)(3)(A).

If plaintiff Quinlan proves that she is unable to perform her past relevant work because of a medically determinable impairment, the burden shifts to the Commissioner to show that she can perform other work which exists in significant numbers in the national economy. McMillian v. Schweiker, 697 F.2d 215, 220-21 (8th Cir.1983). In this case, the ALJ acknowledged this shift to the Commissioner of the burden to show that there is a significant number of jobs in the national economy which plaintiff can perform. (Tr. 14.)

In reviewing the record for substantial evidence, the Court may not make its own findings of fact by reweighing the evidence and substituting its own judgment for that of the Commissioner. Benskin v. Bowen, 830 F.2d 878, 882 (8th Cir.1987). The determination of the existence of substantial evidence in the record requires the Court to consider the evidence of record which detracts from the Commissioner’s decision as well as the evidence which supports it. Piercy v. Bowen, 835 F.2d 190, 191 (8th Cir.1987) (quoting Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 464-65, 95 L.Ed. 456 (1951)). See also Clarke v. Bowen, 843 F.2d 271, 272 (8th Cir.1988). A reviewing court must affirm a decision based upon factual findings that are supported by substantial evidence. 42 U.S.C. § 405(g); Baker v. Secretary of Health and Human Services, 955 F.2d 552, 554 (8th Cir.1992).

The record indicates that at the time of the hearing before the ALJ plaintiff was 42 years of age and had a ninth grade education. [856]*856Theodore Roberts, M.D., treated plaintiff from March 28, 1990, to December 1, 1992. Dr. Roberts saw plaintiff for a variety of general complaints, including back pain and bronchial symptoms. (Tr. 152-71.)

On April 20,1993, plaintiff was hospitalized for complaints of pelvic pain. At the time of admission, plaintiff smoked one and one-half packages of cigarettes a day. (Tr. 149.) She underwent a cystoscopy, laparotomy, right salpingo-oophorectomy, and lysis of adhe-sions. Her hospital course was uneventful and she was discharged on April 24, 1993. (Tr. 146.)

Ted Hatfield, M.D., treated plaintiff for general complaints of shortness of breath, headaches, and arthritic pain. (Tr. 108-16.) On November 11, 1994, plaintiff complained of shoulder pain with weakness. X-rays of her chest showed no active disease, although there were some increased bronchial markings and chronic changes. (Tr. 111.) The x-ray, however, was negative for acute cardiopulmonary process. (Tr. 116.) On November 14,1994, Dr. Hatfield noted that plaintiff was “all smiles,” stating that her shoulder was well, and she had a full range of motion. (Tr. 110.) On December 5, 1994, Dr. Hatfield noted that plaintiff continued to have trouble with her hernia. He also noted that she had gained more weight and continued to drink coffee and smoke despite his advice to the contrary. On that date, her lungs were essentially clear. (Tr. 109.)

On March 5, 1995, Dr.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)

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Bluebook (online)
966 F. Supp. 854, 1997 U.S. Dist. LEXIS 9057, 1997 WL 321380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinlan-v-chater-moed-1997.