Robert Johnson v. Jo Anne B. Barnhart

390 F.3d 1067
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 9, 2004
Docket03-3563
StatusPublished
Cited by1 cases

This text of 390 F.3d 1067 (Robert Johnson v. Jo Anne B. Barnhart) 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
Robert Johnson v. Jo Anne B. Barnhart, 390 F.3d 1067 (8th Cir. 2004).

Opinion

MELLOY, Circuit Judge.

Petitioner-Appellant Robert Johnson appeals the district court’s 1 order affirming the Commissioner’s determination that he was not disabled. We affirm.

I.

Johnson applied for supplemental security income (SSI) on March 10, 1997. He alleged that he was disabled due to headaches, low back pain, hip pain, and pain in his arms and hands. Johnson subsequently added depression as a claimed mental impairment.

At the request of the Social Security Administration (SSA), Dr. Trent Marcus, M.D., Johnson’s family physician, examined Johnson. Dr. Marcus diagnosed Johnson to have chronic low back pain with osteoarthritis, non-cardiac chest pain, headaches, hypertension, and possible depression. Dr. Marcus documented that Johnson did not have neurological or psychiatric problems (other than the possible depression). The physical exam showed that Johnson did not have difficulty with his ears, neck, lungs, gait, coordination, or limb function. Dr. Marcus found Johnson to have normal range of motion in his spine, shoulders, elbows, wrists, hands, hips, knees, and ankles.

On July 23, 1998, Dr. Richard C. Mad-dock, Ph.D., a psychologist, performed a psychological evaluation of Johnson, also at the request of the SSA. Dr. Maddock documented that the Wechsler Adult Intelligence Scale — Revised test revealed that Johnson had a verbal IQ of 64, a performance IQ of 60, and a full scale IQ of 58. Dr. Maddock recorded that on the Wide Range Achievement TesL-3, Johnson had difficulty with all areas, including understanding the instructions given to him. On the Wahler Physical Symptoms Inventory test, Johnson’s results “strongly suggested] both somatic components to his complaints and malingering.” His score “suggested [a] gross exaggeration of symptoms.” Results of the Minnesota Multiphasic Personality Inventory-2 test, indicated that Johnson answered randomly to the questions. Dr. Maddock concluded that little or no weight should be given to the results of the Minnesota Multiphasic Personality Inventory-2 test because it *1069 had not been completed properly. Dr. Maddock determined that Johnson was malingering and diagnosed him with alcohol abuse, borderline personality disorder, and hip and back pain.

Johnson’s application was denied initially and on reconsideration. Following a hearing at which Johnson was represented by counsel, an administrative law judge (ALJ) denied Johnson’s disability application. On May 11, 2001, the Appeals Council remanded the case for further administrative proceedings.

Dr. Maddock tested Johnson again on September 24, 2001 at the request of the SSA. Dr. Maddock conducted a Full Psychological Test Battery, Mental Status and Evaluation of Adaptive Functioning (Adult). Again, a Minnesota Multiphasic Personality Inventory-2 test indicated Johnson answered randomly without regard to the content of the question. Dr. Maddock concluded that little or no weight should be given to this exam since Johnson’s psychological profile appeared to be invalid. Dr. Maddock stated that failure to accurately respond to test items may have been due to lack of cooperation, malingering, or to confusion on Johnson’s part. Dr. Maddock also documented that Johnson’s Weehsler Memory Scale — Revised scores were not consistent with his scores on the two other tests of intellectual ability. Dr. Maddock stated that such large variations in test scores are unusual. Dr. Maddock also noted that although Johnson complained of a poor memory, the scores indicated his memory was particularly strong. However Dr. Maddock did note in his report that the consistency of Johnson’s scores on the Weehsler Adult Intelligence Scale — Revised indicated some degree of reliability as to those scores. Yet, Dr. Maddock was concerned that the consistency of the scores might also have been due to malingering. Finally, Dr. Maddock administered the Computerized Assessment of Response Bias exam. This test is given when a person is believed to be malingering. Johnson’s test results indicated strong evidence of malingering. Despite unreliable test results due to Johnson’s malingering, Dr. Mad-dock diagnosed Johnson with alcohol abuse and mild mental retardation. Dr. Mad-dock questioned the reliability of his conclusions, however, because Dr. Maddock believed that Johnson had not been open and honest during the interview and there was evidence of malingering and exaggeration of symptoms.

At a subsequent administrative hearing on November 20, 2001, Johnson was again represented by counsel and presented testimony, including the opinion of a vocational expert. On December 26, 2001, the ALJ found that: 1) Johnson was not under a disability as defined by the Social Security Act; 2) Johnson did not meet or equal any of the listed impairments listed in Appendix 1, Subpart P, Regulation No. 4; and 3) Johnson’s past relevant work did not require the performance of work-related activities precluded by his physical and mental residual functional capacity. The ALJ denied Johnson’s application. On March 27, 2002, the Appeals Council denied Johnson’s request for review, making the ALJ’s decision the Commissioner’s final decision.

Johnson sought judicial review of the Commissioner’s final decision. On September 15, 2003, a magistrate judge affirmed the Commissioner’s administrative decision. Johnson appeals that decision.

II.

We review de novo the district court’s decision to uphold the denial of social security benefits. Pettit v. Apfel, 218 F.3d 901, 902 (8th Cir.2000). “Our review of the Commissioner’s decision ... is deferential, and we do not substitute our *1070 own view of the evidence for that of the Commissioner.” Kelley v. Barnhart, 372 F.3d 958, 960 (8th Cir.2004). We review the decision to ensure that it “is supported by substantial evidence in the record as a whole.” Gaddis v. Chater, 76 F.3d 893, 895 (8th Cir.1996); see also Dixon v. Barnhart, 353 F.3d 602, 604 (8th Cir.2003). Substantial evidence is evidence that a reasonable mind would find adequate to support a decision, considering both evidence that detracts from and evidence that supports the Commissioner’s decision. Young v. Apfel, 221 F.3d 1065, 1068 (8th Cir.2000). The mere fact that some evidence may support a conclusion opposite to that reached by the Commissioner does not allow this Court to reverse the decision of the ALJ. Gaddis v. Chater, 76 F.3d 893, 895 (8th Cir.1996). “If, after review, we find it possible to draw two inconsistent positions from the evidence and one of those positions represents the Commissioner’s findings, we must affirm the decision of the Commissioner.”

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390 F.3d 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-johnson-v-jo-anne-b-barnhart-ca8-2004.