Sandy A. Johnston v. Kenneth S. Apfel, Commissioner, Social Security Administration,appellee

210 F.3d 870, 2000 U.S. App. LEXIS 6292, 2000 WL 355520
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 7, 2000
Docket99-3063
StatusPublished
Cited by15 cases

This text of 210 F.3d 870 (Sandy A. Johnston v. Kenneth S. Apfel, Commissioner, Social Security Administration,appellee) 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
Sandy A. Johnston v. Kenneth S. Apfel, Commissioner, Social Security Administration,appellee, 210 F.3d 870, 2000 U.S. App. LEXIS 6292, 2000 WL 355520 (8th Cir. 2000).

Opinion

McMILLIAN, Circuit Judge.

Sandy A. Johnston appeals from a final order entered in the District Court 1 for the Western. District of Missouri affirming the decision of the Social Security Administration denying her claim for supplemental security income (SSI) benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. Johnston v. Apfel, No. 97-1083-CV-W-66BA-SSA (W.D.Mo. Mar. 11, 1999) (district court order). For reversal, Johnston argues that the ALJ erred .in (1) using the wrong standard at step two. of the sequential analysis to evaluate the severity of her impairments and in finding that she did.not suffer from a severe impairment or combination of impairments, (2) finding her thyroid-related eye disease did not meet Listing 9.02(A), and (3) discounting her credibility in evaluating the severity of her subjective complaints. For the reasons discussed below, we affirm the order of the district court.

The district court had jurisdiction to review the final decision of the Social Security Administration under 42 U.S.C. § 1383(c)(3) (judicial review of final decision of Social Security Administration under Title XVI). We have appellate jurisdiction under 28 U.S.C. § 1291.

Johnston applied for SSI benefits in July 1995, claiming that she became disabled in January 1995 due to complications from hyperthyroidism (Grave’s disease) (she was diagnosed with hyperthyroidism in May 1995) and heart problems. Her application was denied initially and on reconsideration. She then requested a hearing before an administrative law judge (ALJ). After the hearing, the ALJ found that Johnston did not suffer from a severe impairment and denied her claim. The Appeals Council affirmed the decision of the ALJ. Johnston then sought judicial review in federal district court. The district court affirmed the decision of the ALJ. This appeal followed. *872 Johnston was born in 1959. (She was 37 years old at the time of the administrative hearing in 1996.) She has a 12th grade education and has completed vocational training in data entry. She has worked in the past as a telemarketer, file clerk, office clerk, student - nurse’s aide, housekeeper, and cashier. She is divorced and the mother of twins (they were 2 years old in 1996).

As noted above, Johnston filed an application for SSI benefits in July 1995, claiming that she became disabled in January 1995 due to complications from hyperthyroidism and heart problems. She complained of the following symptoms and medication side effects — headaches, blurred vision, double vision, chest pain, forgetfulness, mood swings, panic attacks, uncontrollable and unpredictable crying spells, body aches, swelling, weight gain, fatigue, and inability to concentrate. Johnston has been working since 1975; however, as noted by the ALJ, her employment record is sporadic. She has not worked at any one job for more than a few months at a time (her longest period of employment was for 7 months). Most of her jobs lasted only 1 to 4 months. The ALJ found that her work history reflected little or no motivation to work. Her husband supported her during their marriage; she never earned more than $3,500 in any year and apparently earned as little as $100 per year for most years.

Johnston underwent successful treatment (radio-iodine ablation therapy which deactivated the thyroid gland) for her hyperthyroidism and takes a synthetic thyroid hormone. It took several months to adjust the dosage, but her thyroid level is now normal. Johnston has eye problems caused by her hyperthyroidism, specifically, active thyroid-related orbitopathy, peri-orbital swelling, exophthalmos (protrusion of the eyeballs), fat herniation in the lids, and chronic exposure keratitis (due to the protrusion of her eyeballs, she cannot completely close her eyelids and her eyes dry out and become irritated). In February 1996 an ophthalmologist found that Johnston’s eye condition had stabilized within the prior 4-6 months and recommended corrective eye surgery, but apparently Johnston was reluctant to undergo surgery and has not had the eye surgery.

Johnston also complained of nervousness and anxiety. She was initially diagnosed with probable panic disorder and anxiety disorder and was prescribed medications. According to the ALJ, the medications corrected her symptoms within days, and she reported improvement of energy, sleep, concentration, and anxiety, school was going well, and no panic attacks or crying spells.

In February 1996 Johnston underwent cardiac tests (x-ray, EKG, echocardio-gram). The test results were normal or unremarkable. She does have occasional sinus brachycardia (slowness of the heart beat or pulse), but it was apparently not related to her hyperthyroidism.

At the administrative hearing, Johnston testified that, after treatment for her hyperthyroidism, she began to experience panic attacks and have problems concentrating. She testified that the panic attacks are unpredictable and occur several times a day despite her medication. She testified that she has a problem sitting still due to nervousness and that she has unpredictable crying spells several times a month. Her daily activities include a little cooking, very light housework and taking care of her daughter. Her sister helps her by cleaning her house, shopping, and taking her daughter to day care. (The father has been taking care of her son.) She listens to the radio because she cannot focus well enough to watch TV or read. Because she believes her anxiety and panic attacks are aggravated by crowds, Johnston spends much of her time at home. She rarely drives because of her vision problems. She handles her own money. She testified that her biggest problems were fatigue and her eyes.

*873 At step 1 of the sequential analysis, the ALJ found that Johnston had not engaged in substantial gainful activity since January 1995 (the alleged onset date of her disability). Proceeding to step 2, the ALJ found that her hyperthyroidism and visual impairments could be expected to last a continuous period of 12 months, but that there was no evidence that these impairments imposed any significant limitations upon her ability to do basic work activities and were therefore not “severe.” See decision of ALJ, slip op. at 5. In addition, the ALJ found that there was no evidence that her other impairments (sinus brachycar-dia, panic attacks, anxiety disorder) were expected to last for a continuous period of 12 months or currently imposed any significant limitations upon her ability to do basic work activities. See id. For these reasons, the ALJ concluded that plaintiff did not have a “severe” impairment and therefore was not “disabled” (for purposes of SSI benefits). Because the ALJ found no severe impairment, the ALJ did not proceed to step 3 to consider whether Johnston’s impairment or impairments met Listing 9.02(A) (for thyroid condition with progressive exophthalmos or protrusion of the eyeballs as measured by exo-phthalmometry). See 20 C.F.R. Part 404, subpart P, app.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
210 F.3d 870, 2000 U.S. App. LEXIS 6292, 2000 WL 355520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandy-a-johnston-v-kenneth-s-apfel-commissioner-social-security-ca8-2000.