Shawn A. Holley v. Larry G. Massanari, Acting Commissioner of Social Security

253 F.3d 1088, 2001 U.S. App. LEXIS 13384, 2001 WL 668592
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 15, 2001
Docket00-2357
StatusPublished
Cited by85 cases

This text of 253 F.3d 1088 (Shawn A. Holley v. Larry G. Massanari, Acting Commissioner of Social Security) 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
Shawn A. Holley v. Larry G. Massanari, Acting Commissioner of Social Security, 253 F.3d 1088, 2001 U.S. App. LEXIS 13384, 2001 WL 668592 (8th Cir. 2001).

Opinion

BRIGHT, Circuit Judge.

Shawn Holley, appeals from the judgment of the district court 1 affirming the decision of the Secretary of Health and Human Services (“Secretary”) denying Holley’s application for supplemental security income benefits under Title XVI of the Social Security Act (“Act”), 42 U.S.C. §§ 1381-83, and social security disability benefits under Title II of the Act, 42 U.S.C. §§ 401-433. Holley argues that the decision of the Secretary was not supported by substantial evidence on the record as a whole because (1) the Administrative Law Judge (“ALJ”) incorrectly assessed his residual functional capacity, and (2) the ALJ incorrectly applied the Medical-Vocational Guidelines. For the reasons discussed below, we affirm the decision of the district court.

I. BACKGROUND

Holley is a twenty-seven-year-old male with a tenth grade education. His past work history includes telemarketing, unloading trucks, roofing, cooking, and janitorial work.

Holley suffers from blood clots in his legs. He testified that he experiences pain and swelling in his calves and ankles and the pain worsens when he runs, jumps, or stands. To alleviate the pain and swelling he elevates his legs, he soaks them, he places hot towels on them, and he intermittently takes several prescribed medications.

Holley filed applications for disability insurance benefits and supplemental security income on January 22, 1996, alleging that he became unable to work on November 30, 1995. The ALJ denied Holley’s *1091 application initially and denied his request for reconsideration.

The ALJ found that Holley has throm-bophlebitis (blood clots) in his legs, that Holley was not credible, that Holley could not perform his past work but that he “has the residual functional capacity to perform the full range of light work and a limited range of medium work.” The ALJ rejected much of Holley’s testimony as not credible. The ALJ observed that the objective medical evidence did not support Holley’s claims. The ALJ noted that Holley did not follow the recommended course of treatment (i.e., he did not maintain the doctor recommended healthy diet, smoked a pack of cigarettes each day, and drank a glass of gin each day), Holley did not follow his medication regimen, and Holley’s work history suggested poor motivation and called his disability claim into question. The ALJ recognized that Holley’s treating physician made only an isolated reference to Holley’s inability to maintain a forty-hour workweek in a letter to Holley’s attorney, but the ALJ placed greater reliance on a subsequent report from Holley’s treating physician which stated that Holley’s right leg was “totally normal,” and that there had been “significant improvement” in his left leg. The ALJ determined that Holley was unable to return to his prior work but that Holley was capable of performing the full range of light work and a limited range of medium work. The ALJ applied the Medical-Vocational Guidelines, 20 C.F.R. Part 404, Subpart P, Appendix 2 (the “Guidelines”), and concluded that Holley was not disabled as defined by the Act. Holley appealed to the district court pursuant to 42 U.S.C. § 405(g) and the district court affirmed.

On appeal, Holley argues that the ALJ erred in concluding that he could perform fight work despite the limitations imposed by his treating physician, erred in discrediting his testimony, and inappropriately applied the Medical-Vocational Guidelines.

II. DISCUSSION

We review the Commissioner’s findings as to whether they are supported by substantial evidence on the record as a whole. Prosch v. Apfel, 201 F.3d 1010, 1012 (8th Cir.2000). Substantial evidence is less than a preponderance, but is enough that a reasonable mind would find it adequate to support the Commissioner’s conclusion. Id. We consider evidence that detracts from the Commissioner’s decision as well as evidence that supports it. Craig v. Apfel, 212 F.3d 433, 435-36 (8th Cir.2000). As long as substantial evidence in the record supports the Commissioner’s decision, we may not reverse it either because substantial evidence exists in the record that would have supported a contrary outcome, id., or because we would have decided the case differently. Woolf v. Shalala, 3 F.3d 1210, 1213 (8th Cir.1993).

A.

Holley makes three arguments in support of his contention that he is disabled and that the ALJ erred by finding that he was able to perform fight work. First, Holley argues that the ALJ’s findings are not consistent with the Social Security Administration’s definition of fight work. According to the regulations, “fight work” is generally characterized as (1) lifting or carrying ten pounds frequently; (2) lifting twenty pounds occasionally; (3) standing or walking, off and on, for six hours during an eight-hour workday; (4) intermittent sitting; and (5) using hands and arms for grasping, holding, and turning objects. 20 C.F.R. § 404.1567(b); Social Security Ruling 83-10,1983 WL 31251, at *4-5.

The substantial evidence supports the ALJ’s determination that Holley could *1092 perform the full range of light work. The ALJ relied on and recounted Holley’s testimony that,

[H]e can sit, lift up to 30 pounds, walk two blocks, stand for 15 minutes, and occasionally squat, stoop, and bend. [Holley] felt he could at least try to sit 6 out of 8 hours in a day even if he would not be allowed to stand or elevate his legs.

Addendum at 20. As we have already observed, the ALJ discounted Holley’s subjective claims of pain because the objective medical evidence contradicted Holley’s testimony. Smith v. Heckler, 760 F.2d 184, 187 (8th Cir.1985) (determining that credibility assessment was for the ALJ).

The substantial evidence in the record previously referred to in this opinion supports the ALJ’s conclusion that Holley is not disabled. Therefore, the ALJ did not err when he concluded that Holley could perform the full range of light work.

Second, Holley argues that the ALJ improperly relied upon Holley’s noncompliance with his doctor’s prescribed treatment under Social Security Ruling 82-59, 1982 WL 31384, when he determined that Holley was not disabled.

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253 F.3d 1088, 2001 U.S. App. LEXIS 13384, 2001 WL 668592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shawn-a-holley-v-larry-g-massanari-acting-commissioner-of-social-ca8-2001.