Shannon Russell v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

950 F.2d 542, 1991 U.S. App. LEXIS 28273, 1991 WL 251383
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 2, 1991
Docket91-1459
StatusPublished
Cited by45 cases

This text of 950 F.2d 542 (Shannon Russell v. Louis W. Sullivan, M.D., Secretary of Health and Human Services) 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
Shannon Russell v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, 950 F.2d 542, 1991 U.S. App. LEXIS 28273, 1991 WL 251383 (8th Cir. 1991).

Opinions

LOKEN, Circuit Judge.

Shannon Russell appeals an order of the district court1 affirming the decision of the Secretary of Health and Human Services to deny his application for Social Security disability and supplemental security income (SSI) benefits because he is not disabled within the meaning of the Social Security Act. See 42 U.S.C. §§ 423 and 1381a. Because substantial evidence on the record as a whole supports the Secretary’s decision, we affirm.

I.

Russell is 51 years old and is currently enrolled in college after working over twenty years as a farmer, foundry worker and industrial painter. Russell applied for Social Security disability benefits on January 25, 1985, alleging that he was disabled by back injuries sustained when he fell twenty feet from a scaffold on July 3,1984. While his disability claim was pending, Russell applied for SSI benefits on December 23, 1985, after which the two claims were considered together.2 Following a hearing on July 30, 1986, an administrative law judge denied both claims, but the Appeals Council remanded for a determination of the severity of Russell’s mental impairments.

On remand, Russell underwent a psychological consultative examination, as directed by the Appeals Council, and an additional hearing was held. The AU issued his decision on June 13,1988, finding that Russell has a combination of impairments— [544]*544back injury and depression—that render him unable to perform his past work; that he nonetheless retains the residual functional capacity to perform the full range of sedentary work; that his complaints of totally disabling pain are not credible; and that the Secretary had met his burden of proving that Russell is not disabled under the Medical-Vocational Guidelines, 20 C.F.R. Part 404, Subpart P, Appendix 2, Rule 201.21. Russell sought further administrative review, but the Appeals Council declined his request, leaving the AU’s opinion as the Secretary’s final decision.

Russell then commenced this action pursuant to 42 U.S.C. § 405(g). The Magistrate Judge issued an extensive Report, reviewing the administrative record and recommending that the Secretary’s motion for summary judgment be granted. The district court adopted that recommendation, 758 F.Supp. 490 and Russell appeals.

II.

We must affirm if substantial evidence on the record as a whole supports the Secretary’s decision. This inquiry requires us to give appropriate weight to evidence contrary to the AU’s findings. Turley v. Sullivan, 939 F.2d 524, 528 (8th Cir.1991). However, “the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s findings from being supported by substantial evidence.” Cruse v. Bowen, 867 F.2d 1183, 1184 (8th Cir.1989). After careful review of the extensive administrative record, we conclude that substantial evidence supports the Secretary’s decision.

In making the required disability analysis, the AU first found that Russell’s physical impairments prevent him from performing his past heavy work, based upon the reports of treating physicians that Russell has limited ability to lift, bend and stoop. This finding shifts the burden to the Secretary to prove that Russell nonetheless has the “residual functional capacity” to perform other available work in the national economy. See Hutsell v. Sullivan, 892 F.2d 747, 749-50 (8th Cir.1989).

The AU next determined that Russell’s physical impairments do not prevent him from performing the full range of sedentary work, as defined in the Secretary’s regulations. Although Russell challenges this determination, the medical evidence overwhelmingly supports it. Except for one consulting physician who saw Russell once and opined that he was “temporarily” disabled, all of Russell’s doctors agreed that his physical impairments do not preclude him from performing sedentary jobs. Numerous medical reports and test results in the record support this conclusion. As the Magistrate Judge summarized this medical evidence:

[Russell’s] treating physicians have consistently reported that [his physical impairment] imposes some limitations, but it does not preclude lighter work. The objective medical evidence of exertional impairment required by the Social Security Disability Benefits Reform Act of 1984 ... is simply lacking.

Thus, the administrative record fully supports the AU’s finding that Russell is physically capable of doing sedentary work.

Because disability can be caused by mental as well as physical impairments, see 20 C.F.R. § 404.1505, the AU next considered whether Russell has a mental impairment that prevents him from performing sedentary jobs in the national economy. Mental impairments are analyzed under a detailed “special procedure” set forth in the regulations. See 20 C.F.R. §§ 404.-1520a and 416.920a. First, the AU must make clinical findings, called “paragraph A criteria,” as to whether the claimant has a medically determinable mental disorder specified in one of eight diagnostic categories defined in the regulations. See 20 C.F.R. Part 404, Subpt. P, App. 1, § 12.00 A. Then, the AU must measure the severity of any mental disorder, that is, its impact on the applicant’s ability to work. This i& assessed in terms of a prescribed list of functional restrictions associated with mental disorders, called “paragraph B criteria.” Ibid.

[545]*545In this case, in the paragraph A analysis, the AU found the presence of a medically documented “affective disorder,” id. at § 12.04, but no other mental disorder. Turning to the paragraph B analysis, the AU found that Russell’s affective disorder caused a slight restriction in his daily activities and a slight difficulty in social functioning, but no other functional limitation. Based upon these findings, the AU concluded that this mental impairment is not “severe,” that is, it does not “significantly limit [Russell’s] physical or mental ability to do basic work activities.” See 20 C.P.R. §§ 404.1520a(c)(l), 404.1521(a). There is ample evidence in the record to support these findings. Moreover, the AU’s analysis of the mental impairment question was consistent with the regulations’ special procedure. Therefore, we must accept his conclusion that Russell does not have a mental impairment which, in combination with his physical impairments, renders him unable to perform sedentary work. Cf. Burns v. Sullivan,

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Bluebook (online)
950 F.2d 542, 1991 U.S. App. LEXIS 28273, 1991 WL 251383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-russell-v-louis-w-sullivan-md-secretary-of-health-and-human-ca8-1991.