Scarboro v. Chater

897 F. Supp. 503, 1995 WL 550063
CourtDistrict Court, D. Kansas
DecidedJuly 27, 1995
DocketNo. 94-4207-SAC
StatusPublished

This text of 897 F. Supp. 503 (Scarboro v. Chater) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scarboro v. Chater, 897 F. Supp. 503, 1995 WL 550063 (D. Kan. 1995).

Opinion

MEMORANDUM AND ORDER

CROW, District Judge.

Brenda S. Scarboro appeals the denial of her application for disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq., and the denial of her application for supplemental security income benefits based on disability under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq.2 Scarboro seeks either an immediate [504]*504award of benefits, or in the alternative, a remand of the ease for “further fact-finding in the form of further psychological examinations and testing with providers who have previously treated the claimant.” The commissioner responds,3 arguing that the denial of benefits is supported by substantial evidence.

Scarboro’s applications were denied initially and on reconsideration. On January 11, 1994, an administrative law judge conducted a hearing to consider Scarboro’s claims. On May 23, 1994, the administrative law judge rendered a decision finding that Scarboro was not disabled at any time when she met the earnings requirement of the law or at any time through the date of the decision. Consequently, the ALJ found that Scarboro was not entitled to either disability benefits under Title II or to supplemental security income benefits under Title XVI. The Appeals Council of the Social Security Administration denied Scarboro’s request for review and therefore stands as the final decision of the Commissioner. Scarboro timely appeals to this court.

Summary of Relevant Facts

At the time of the hearing, Scarboro was twenty-eight years old. Scarboro has four children. Scarboro is approximately five-foot-seven-inches tall and weighs 220 pounds. Scarboro has a high school education. Sear-boro has a history of alcohol and substance abuse, but has been “drug free” since 1988 and “alcohol free” for two years.

At the time of the hearing, Scarboro worked in a temporary secretarial position with the State of Kansas Board of Education. Scarboro works eight hours a day, three days a week. Prior to that job, Scarboro worked as a meat bagger and trimmer for IBP, Inc., but was forced to quit after suffering several job-related injuries. The repetitive use of her hands caused uncontrollable swelling. A workers’ compensation claim arising from these injuries is still pending.

In her lifetime, Scarboro has had seven surgeries, including the removal of her left kidney. None the ailments related to those surgeries, however, specifically impair her ability to work. Instead, Scarboro claims that her hands, her neck and her shoulders are impaired to a degree that she is disabled. Searboro’s hands swell, turn unusual colors and go numb on a daily basis. The KU Medical Center has diagnosed Scarboro’s hand problems as stemming from Raynaud’s Phenomenon; Scarboro continues to receive treatment from the KU Medical Center for her diseased hands. Scarboro also claims that her neck and shoulders burn.

Although Scarboro is generally able to take care of herself, she is unable to do housework. Scarboro testified that she is generally too fatigued to do anything beyond what is necessary to take care of herself. From her past work, Scarboro has acquired certain skills and knowledge in using a word processor, copying machines and fax machines.

Scarboro takes several prescribed medications: Paxell for depression, Procardia for the Raynaud’s Phenomenon, and Ventolin for her lungs. Scarboro also takes Amitriptyline and Flexaril. Scarboro suffers from depression. Scarboro suffers from suicidal ideation. Scarboro “is always crying” and wanting to hurt herself, not wanting to live. Scarboro once tried to damage herself by wrecking a ear, presumably one she was driving, on purpose. Scarboro once intentionally took an overdose of pills to injure herself. Scarboro was seeing a psychiatrist weekly but stopped [505]*505going when she was unable to afford additional treatments.

A vocational expert testified at the hearing. The ALJ asked the vocational expert if she could identify any jobs that a person of Scarboro’s age and with her education, work-experience and restrictions on the repetitive use of her upper extremities or her hands could perform. None of the questions asked the vocational expert contained any reference to the existence of a mental impairment. The vocational expert opined that a person of Scarboro’s age and with her education, work-experience and restrictions on the repetitive use of her upper extremities or her hands could perform several jobs in the national economy. Specifically, the vocational expert indicated that Scarboro could perform jobs such as security, delivery, telephone soliciting, information clerk, a limited number of cleaning jobs and general office positions— jobs that do not require constant movement or flexing of the fingers.

Based upon the evidence presented, the ALJ determined, inter alia, that:

1. Scarboro has engaged in work activity since the alleged onset date of her disability, but that such activity, while demonstrating a significant capacity to perform work activity, was not shown to be at the level of substantial gainful activity;
2. Scarboro’s medical conditions physical or mental did not limit her physical or mental capacity to perform basic-related functions;
3. Scarboro’s medical conditions did not meet or equal those listed in Appendix 1, Subpart P, Regulation Nos. 4 and 16;
4. Scarboro’s medical conditions did not prevent her from returning to her past relevant work;
5. Scarboro retains the residual functional capacity to perform numerous jobs which do not involve repetitive use of hand or significant strength;
6. Scarboro is not and was not disabled as defined by the Titles II and XVI of the Social Security Act.

Administrative Record at 21-22.

Standard of Review

The court reviews “the Secretary’s decision to deny benefits to determine whether it is supported by substantial evidence and whether she applied the correct legal standards.” Cruse v. U.S. Dept. of Health & Human Services, 49 F.3d 614, 616-617 (10th Cir.1995); see 42 U.S.C. § 405(g). Substantial evidence is more than a scintilla and is that evidence which a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401-02, 91 S.Ct. 1420, 1427-28, 28 L.Ed.2d 842 (1971); Ray v. Bowen, 865 F.2d 222, 224 (10th Cir.1989). “A finding of ‘ “no substantial evidence” will be found only where there is a “conspicuous absence of credible choices” or “no contrary medical evidence.” ’ ” Trimiar v. Sullivan, 966 F.2d 1326

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897 F. Supp. 503, 1995 WL 550063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scarboro-v-chater-ksd-1995.