Salgado v. Astrue

271 F. App'x 456
CourtCourt of Appeals for the Fifth Circuit
DecidedMarch 28, 2008
Docket07-51266
StatusUnpublished
Cited by10 cases

This text of 271 F. App'x 456 (Salgado v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salgado v. Astrue, 271 F. App'x 456 (5th Cir. 2008).

Opinion

PER CURIAM: *

Irma Salgado applied to the Social Security Administration for disability insurance. An administrative law judge found that she did not have a severe impairment. An Appeals Council found a severe impairment but determined that she had residual functional capacity to perform her former relevant work as a worker at a fast food restaurant. The district court affirmed. We also affirm.

I

Salgado stopped working in 2001 and filed an application with the Social Security Administration for Disability Insurance Benefits under Title II of the Social Security Act in 2002. She had previously worked as a dish washer, a certified nurse’s aid, and a short order cook/counter attendant. In her application and testimony, she stated that she had pain in her feet, hands, and neck and was unable to be on her feet or to sit down for long periods of time. Although she could do some cleaning and cooking in her home, she claimed that she had to frequently lie down because of the pain. Her medical record contained evidence from two examinations by agency medical consultants. Dr. Raj Pandya reported that Salgado had complained of arthritic pain throughout her body and particularly in her ankles and neck and told him that she could not sit, stand, or walk for long periods, that her ankles swelled, and that she often had to lie down. Dr. Pandya reported no findings of a severe disease and did not find any physical evidence supporting the arthritic pain described by Salgado. He diagnosed her with osteoarthritis. An x-ray ordered by the doctor showed degenerative disc and facet disease. Dr. Thwe Htay, the second examining consultant, reported that Salgado made similar complaints to him of constant pain in the feet and ankles, swelling, and the inability to lift more than ten pounds or stand for long periods. He reported that the medical evidence did not fully support Salgado’s claimed arthritic symptoms, but he found some tenderness in the hands and some swelling in the ankles; he diagnosed Sal-gado with bilateral hand pain, ankle pain, and foot pain.

*458 Three medical consultants also examined Salgado’s functional capacity. The first found that she could “[s]tand and/or walk (with normal breaks) for a total of’ “about 6 hours in an 8-hour workday” and found no postural, manipulative, visual, communicative, or environmental limitations. A secondary diagnosis, as well as a third full diagnosis, also found that she could stand, walk, or sit for six hours out of the work day and found no postural, manipulative, visual, communicative, or environmental limitations.

The Social Security Act provides insurance benefits for certain disabled individuals. An individual is disabled under the Act if she is unable

to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. 1

To determine whether an individual is disabled, the Social Security Administration follows a “five-step sequential evaluation process,” 2 which we have described as follows:

1. An individual who is working and engaging in substantial gainful activity will not be found disabled regardless of the medical findings.
2. An individual who does not have a “severe impairment” will not be found to be disabled.
3. An individual who meets or equals a listed impairment in Appendix 1 of the regulations will be considered disabled without consideration of vocational factors.
4. If an individual is capable of performing the work he has done in the past [i.e., has “residual functional capacity”], a finding of “not disabled” must be made.
5. If an individual’s impairment precludes him from performing his past work, other factors including age, education, past work experience, and residual functional capacity must be considered to determine if other work can be performed. 3

As part of this five-step process, adjudicators consider both objective evidence from medical reports and subjective evidence, such as an applicant’s claims regarding symptoms and pain. An adjudicator is required to follow what we will call, for the purposes of this case, an “objective-subjective” two-step process in evaluating an applicant’s subjective evidence and the applicant’s credibility, if a credibility determination is necessary. Under this two-step process to evaluate an applicant’s subjective claims, the adjudicator must first determine whether there is an impairment that reasonably produced the symptoms complained of. If the adjudicator finds no impairment, the individual is not disabled. If an impairment is identified, the adjudicator then considers the applicant’s statements about symptoms and the remaining evidence in the record to determine the strength of the symptoms and how the symptoms affect the applicant’s ability to do basic work. The adjudicator also determines the credibility of the applicant’s claims about symptoms. The two-step process is outlined in Social Security Ruling (SSR) 96-7p:

1. [Objective] No symptom or combination of symptoms can be the basis for a finding of disability, no matter how genuine the individual’s complaints may appear to be, unless there are *459 medical signs and laboratory findings demonstrating the existence of a medically determinable physical or mental impairment(s) that could reasonably be expected to produce the symptoms.
2. [Subjective] When the existence of a medically determinable physical or mental impairment(s) that could reasonably be expected to produce the symptoms has been established, the intensity, persistence, and functionally limiting effects of the symptoms must be evaluated to determine the extent to which the symptoms affect the individual’s ability to do basic work activities. This requires the adjudicator to make a finding about the credibility of the individual’s statements about the symptom(s) and its functional effects. 4

The ALJ held a hearing in 2005. Under this two-step process, he concluded at the first step that there was no “objective evidence of any impairment that could have reasonably been expected to substantially interfere with the claimant’s ability to engage in basic work activities” and that “the medical record fails to demonstrate a severe mental impairment that has lasted for 12-months.” The ALJ, in making this determination, also discussed evidence that applied to the second step of the analysis, such as Salgado’s ability to lift objects, stand up for limited periods of time, and cook and clean.

Salgado appealed, and the Appeals Council reached a different conclusion, finding that Salgado did have a severe impairment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
271 F. App'x 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salgado-v-astrue-ca5-2008.