Robert L. Lucy v. Shirley S. Chater, Commissioner, Social Security Administration

113 F.3d 905, 1997 U.S. App. LEXIS 11819, 1997 WL 265119
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 21, 1997
Docket96-3059
StatusPublished
Cited by99 cases

This text of 113 F.3d 905 (Robert L. Lucy v. Shirley S. Chater, Commissioner, Social Security Administration) 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 L. Lucy v. Shirley S. Chater, Commissioner, Social Security Administration, 113 F.3d 905, 1997 U.S. App. LEXIS 11819, 1997 WL 265119 (8th Cir. 1997).

Opinion

*907 HANSEN, Circuit Judge.

Robert L. Lucy appeals the district court’s grant of summary judgment affirming the Social Security Commissioner’s decision to deny his claim for supplemental security income (SSI) benefits. We reverse and remand with instructions for the district court to remand the ease to the Commissioner for further proceedings.

In his application for SSI benefits, Lucy alleged that he suffered from arthritis, gout, breathing problems, a hernia, and ulcers. At a hearing before an administrative law judge (ALJ), Lucy testified that he was 32 years old. He completed the eleventh grade in high school with special education and obtained some special training at a vocational-technical school. His past relevant work experience consisted of manual labor.

Lucy testified that he has pain in his legs, feet, lower back, knees, and stomach and that he suffers from dizziness, causing him to fall down frequently. The ALJ found that Lucy’s subjective allegations of pain were not credible to the extent alleged. The ALJ noted that while Lucy’s activities are limited, his pain is controlled with medication.

Dr. David Kauffman performed two physical assessments of Lucy and found that Lucy’s main problem is morbid obesity. Dr. Kauffman stated that Lucy “should be able to engage in virtually any work activity.” (R. at 20.) He was of the opinion that normal work activity would be good for Lucy in an effort to reduce his weight. To the contrary, Dr. James R. Harbin, an attending physician while Lucy was hospitalized for lesions on his legs, commented that Lucy suffered from shortness of breath and degenerative joint disease; that Lucy was unable to sit, stand, walk, lift carry or handle objects for any length of time; that he would be a danger to himself and others in the workplace; and that Lucy’s condition will not improve. Dr. Harbin concluded that Lucy was permanently disabled. The ALJ specifically discredited the testimony of Dr. Harbin as not supported by diagnostic tests and as inconsistent with the other substantial medical evidence.

Charles Spellman, Ph.D., performed a psychological exam on Lucy, who attained a full-scale intelligence quotient of 78 on the Wechsler Adult Intelligence Scale-Revised. Dr. Spellman indicated that this score places Lucy in the borderline range of intellectual ability. He concluded that Lucy displayed a good attention span, could follow simple directions without difficulty, could handle a normal amount of stress, and could relate appropriately to others. Dr. Spellman stated that overall, Lucy’s reduced intellectual ability can be expected to result in him performing at a level which is considerably lower than other persons of the same age. In conclusion, Dr. Spellman noted “[i]t appears that his disability should be based on a medical assessment.” (R. at 188.)

The ALJ determined that Lucy suffers from severe impairments of morbid obesity, gout, hypertension, peptic ulcer disease, eosinophilic cellulitis, and borderline intellectual functioning, but that these impairments do not equal a listed impairment. The ALJ noted that the gout, hypertension, and ulcers are controlled by medication and the eosinophilic cellulitis has not been recurrent. The ALJ concluded that Lucy was unable to return to his past relevant work but that he was capable of performing the full range of sedentary work. Noting that the only restriction on his ability to perform the full range of sedentary work is his borderline intellectual functioning, the ALJ ultimately concluded that this restriction does not substantially limit Lucy’s capacity to perform the full range of sedentary work. Relying on the Medical-Vocational Guidelines, 20 C.F.R. pt. 404, subpt. P, app. 2, the ALJ denied Lucy’s claim for SSI benefits.

The Appeals Council denied further review, and Lucy appealed to the district court. Both parties filed summary judgment motions. Lucy argued, in part, that the ALJ erred by not using the testimony of a vocational expert to determine the extent to which his nonexertional limitations may have limited his residual functional capacity to perform the full range of sedentary work. The district court concluded that the ALJ properly relied on the Guidelines because the record demonstrated that Lucy’s borderline *908 intellectual functioning did not prevent him from following simple instructions, doing assigned tasks, or relating appropriately to others. Thus, the district court granted the Commissioner’s motion for summary judgment, affirming the decision to deny Lucy’s claim for benefits. Lucy appeals.

We will affirm the Commissioner’s decision to deny SSI benefits unless it is unsupported by substantial evidence in the record as a whole or based on legal error. Newton v. Chater, 92 F.3d 688, 691-92 (8th Cir.1996).

In this case, because the ALJ determined that Lucy could not return to his past relevant work, the burden shifted to the Commissioner to prove that a significant number of jobs exist in the national economy that he was capable of performing. Harris v. Shalala, 45 F.3d 1190, 1194 (8th Cir.1995). Instead of requiring the testimony of a vocational expert to assess the impact of Lucy’s nonexertional impairments, the ALJ relied on the Medical-Vocational Guidelines to determine that Lucy was not disabled. Lucy contends that the testimony of a vocational expert was necessary for the ALJ to determine whether his nonexertional impairments rendered him unable to engage in the full range of sedentary work.

When a claimant suffers from exertional and nonexertional impairments, and the exertional impairments alone do not warrant a finding of disability, the ALJ must consider the extent to which the nonexertional impairments further diminish the claimant’s work capacity. Thompson v. Bowen, 850 F.2d 346, 349 (8th Cir.1988). If the claimant’s characteristics do not differ significantly from those contemplated in the Medical-Vocational Guidelines, the ALJ may rely on the Guidelines alone to direct a finding of disabled or not disabled. Id. That is to say, “an ALJ may use the Guidelines even though there is a nonexertional impairment if the ALJ finds, and the record supports the finding, that the nonexertional impairment does not diminish the claimant’s residual functional capacity to perform the full range of activities listed in the Guidelines.” Id. at 349-50. We have explained as follows:

In this context, “significant” refers to whether the claimant’s nonexertional impairment or impairments preclude the claimant from engaging in the full range of activities listed in the Guidelines under the demands of day-to-day life. Under this standard isolated occurrences will not preclude the use of the Guidelines, however persistent nonexertional impairments which prevent the claimant from engaging in the full range of activities listed in the Guidelines will preclude the use of the Guidelines to direct a conclusion of disabled or not disabled.

Id. at 350.

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Bluebook (online)
113 F.3d 905, 1997 U.S. App. LEXIS 11819, 1997 WL 265119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-l-lucy-v-shirley-s-chater-commissioner-social-security-ca8-1997.