Richmond v. Callahan

998 F. Supp. 1007, 1997 U.S. Dist. LEXIS 22827, 1997 WL 863986
CourtDistrict Court, W.D. Arkansas
DecidedAugust 20, 1997
DocketNo. CIV. 97-1001
StatusPublished
Cited by1 cases

This text of 998 F. Supp. 1007 (Richmond v. Callahan) is published on Counsel Stack Legal Research, covering District Court, W.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richmond v. Callahan, 998 F. Supp. 1007, 1997 U.S. Dist. LEXIS 22827, 1997 WL 863986 (W.D. Ark. 1997).

Opinion

MEMORANDUM OPINION

SHEPHERD, United States Magistrate Judge.

Factual and Procedural:

Plaintiff, who is seeking benefits due to back pain, abdominal tumor, arthritis, hypertension, and esophagus and bowel trouble, was found not disabled within the meaning of the Social Security Act (hereinafter “the Act”), by the Commissioner of the Social Security Administration (hereinafter “Commissioner”). The only issue before this Court is whether the Commissioner’s decision that plaintiff is not disabled within the meaning of the Act is supported by substantial record evidence. Specifically, the plaintiff asserts the Administrative Law Judge (hereinafter “ALJ”): improperly found that the plaintiff did not meet the Medical Listing found at Rule 201.01.

Plaintiff protectively filed for supplemental security income benefits (hereinafter “SSI”) on November 1, 1993. Her application was denied both initially and upon reconsideration (T. 62-64, 69-70). On May 23, 1994, the plaintiff timely requested an administrative hearing before an ALJ. Her hearing was held on November 21, 1995, after which the ALJ issued his written decision dated December 12,1995.

The ALJ concluded that plaintiff has not been under a disability within the meaning of the Social Security Act at any time through the date of the ALJ’s decision (T. 22).

The Appeals Council denied plaintiffs request for a review of the ALJ’s decision (T. 2), making the ALJ’s decision the final decision of the Commissioner (T. 19-22).

Plaintiff timely filed the instant complaint in this Court (Doc. # 1). Appeal briefs have been filed by the parties herein (Doc. # 5 & 6).

Plaintiff, who was 57 at the time of the hearing (T. 43), has indicated that she has a [1009]*1009third grade education (T. 44-45). However, she also testified that she attended the ninth grade, although she did not attend grades one through nine consecutively (T. 44-45, 86). Importantly, the plaintiff testified that she was able to read and write, perform simple arithmetic (add, subtract, multiply and divide), and make change (T. 46-47). She has past relevant work as a domestic (T. 47, 76).

The Commissioner has established, by regulation, a five-step sequential evaluation for determining whether an individual is disabled.

The first step involves a determination of whether the claimant is involved in substantial gainful activity. 20 C.F.R. § 404.1520(b). If the claimant is, benefits are denied; if not, the evaluation goes to the next step.

Step 2 involves a determination, based solely on the medical evidence, of whether the claimant has a severe impairment or combination of impairments. Id., § 404.1520(c); see 20 C.F.R. § 404-1526. If not, benefits are denied; if so, the evaluation proceeds to the next step.

Step 3 involves a determination, again based solely on the medical evidence, of whether the severe impairment(s) meets or equals a listed impairment which is presumed to be disabling. Id., § 404.1520(d). If so, benefits are awarded; if not, the evaluation continues.

Step 4 involves a determination of whether the claimant has sufficient residual functional capacity, despite the impairment(s), to perform past work. Id., § 404.1520(e). If so, benefits are denied; if not, the evaluation continues.

Step 5 involves a determination of whether the claimant is able to perform other substantial and gainful work within the economy, given claimant’s age, education and work experience. Id., § 404.1520(f). If so, benefits are denied; if not, benefits are awarded.

The ALJ considered plaintiffs impairments by way of the five-step sequential evaluation process. In his written decision, the ALJ made the following relevant findings:

2. The medical evidence establishes that the claimant has hypertension and mild arthritis.
3. The claimant’s subjective allegations are not borne out by the overall record and are found not to be fully credible.
4. The claimant does not have any impairment or combination of impairments which significantly limits her capacity for the performance of basic work related activities.
5. The claimant does not have a severe impairment within the meaning of Social Security Administration regulations.
6. The claimant was not under a “disability” as defined in the Social Security Act, at any time through the date of the decision (20 CFR 416.920(e)).

(T. 22).

Discussion:

This court’s review is limited to whether the decision of the Commissioner to deny disability benefits is supported by substantial evidence on the record as a whole. Lorenzen v. Chater, 71 F.3d 316, 318 (8th Cir.1995). Substantial evidence is less than a preponderance, but enough so that a reasonable mind might accept it as adequate to support a conclusion. Pickney v. Chater, 96 F.3d 294, 296 (8th Cir.1996). We must consider both evidence that supports and evidence that detracts from the Commissioner’s decision, but the denial of benefits shall not be overturned even if there is enough evidence in the record to support a contrary decision. Johnson v. Chater, 87 F.3d 1015, 1017 (8th Cir.1996) (citing Woolf v. Shalala, 3 F.3d 1210, 1213 (8th Cir.1993)).

The plaintiff was treated at the Family Practice Center for dysfunctional uterine bleeding, which was controlled and resolved (T. 104-116). She was also treated for hypertension, which is controlled (T. 109, 137, 142, 153). If an impairment can be controlled by treatment or medication, it cannot be considered disabling. Roth v. Shalala, 45 F.3d 279, 282 (8th Cir.1995); Stout v. Shalala, 988 F.2d 853, 855 (8th Cir.1993).

[1010]*1010An ultrasound performed on October 27, 1989 suggested a uterine leiomyoma.2 The record, however, does not contain evidence of physical limitations related to or resulting from this diagnosis. An ECG done on May 21, 1992 was normal (T. 135). Further, a chest x-ray taken on May 21, 1993 was read by Dr. G.S. Kang, M.D., as indicating:

No radiologically detectable acute cardiopulmonary process. Mild degree of pectus excavatum.3 Mile degree of levoscoliosis4 and straightening of the dorsal spine.

(T. 133).

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Bluebook (online)
998 F. Supp. 1007, 1997 U.S. Dist. LEXIS 22827, 1997 WL 863986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richmond-v-callahan-arwd-1997.