Steiner v. Secretary of Health & Human Services

859 F.2d 1228, 1987 U.S. App. LEXIS 13778, 1987 WL 48815
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 13, 1987
DocketNo. 86-2046
StatusPublished
Cited by7 cases

This text of 859 F.2d 1228 (Steiner v. Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steiner v. Secretary of Health & Human Services, 859 F.2d 1228, 1987 U.S. App. LEXIS 13778, 1987 WL 48815 (6th Cir. 1987).

Opinion

PER CURIAM.

Herbert Steiner (“claimant”) appeals the judgment of the District Court rejecting the Magistrate’s Report and Recommendation and upholding the Secretary’s determination that claimant has skills transferable to numerous sedentary jobs. We affirm.

Claimant sought disability benefits pursuant to section 223 of the Social Security Act, 42 U.S.C. § 423. The Secretary denied his application initially and upon reconsideration. The Administrative Law Judge (“AU”) determined that the claimant was unable to perform his past relevant work as a corrections officer, a general maintenance mechanic, or a storekeeper. Nevertheless, the AU determined that claimant has the residual functional capacity for sedentary work. Joint Appendix at 12. The Appeals Council affirmed the AU’s denial of benefits. The Magistrate’s Report and Recommendation recommended a judgment for the claimant, finding that the AU erred in determining that the claimant had skills, as opposed to aptitudes, that are readily transferable to sedentary jobs. The District Court rejected the Magistrate’s Report and Recommendation, finding that claimant had acquired specific skills necessary to perform significant numbers of sedentary jobs.

Claimant contends that the Secretary’s finding that he has the residual functional capacity to perform sedentary work is not supported by substantial evidence, and that the District Court erred in finding that he had transferable skills.

Claimant was fifty-six years old at the time of the hearing before the AU. He testified that he had two years of college education, during which he studied the field of corrections and police administration. He had been an infantry platoon sergeant in the Army for twenty-two years. After that he worked as a correctional officer for eight years, as a storekeeper for two years, and as a mechanic for three years. Joint Appendix at 28-30. He testified that he was a “self-taught” mechanic, and that he worked in the areas of welding, fabrication, and vehicle repair. Joint Appendix at 32.

Claimant testified that he has constant pain in his lower back, which started shortly before his last day of work in December, 1983. He has not worked since then. He takes Tylenol every four hours for the pain. He also testified that he gets periodic attacks of gout, based on foods and stress, which particularly affect his feet. The periods between attacks of gout, he stated, range from between one month to a day. He takes several medications when he suffers an attack, one of which causes severe diarrhea, another of which causes him to have problems holding and gripping objects. He further testified that he suffers from arteriosclerosis of the right ventricle. He sometimes has chest pains at night, and finds himself short of breath when he exerts himself, for which he takes [1230]*1230an inhaler. He had back surgery in 1983 and stomach surgery in the early 1970’s. He testified that he alternates between sitting, standing, and walking as he gets uncomfortable, and that if he sits, stands, or walks too long his knees lock up and he gets additional pain in the small of his back. He lies down two or three times a day because of pain. Joint Appendix at 38-52.

I.

The first issue is whether the AU erred in finding that claimant is capable of sedentary work. Pursuant to 42 U.S.C. § 405(g), “[t]he findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive.” Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938).

Pursuant to 20 C.F.R. § 404.1520 the AU followed a five step process in determining whether or not the claimant was disabled.1 The AU determined at the fifth step that, although claimant was not capable of performing his past relevant work as a corrections officer, a general maintenance mechanic, or a storekeeper, he has the residual functional capacity to perform sedentary work.2 Joint Appendix at 12.

The claimant argues that the medical evidence supports his claim that the pain he suffers prevents him from performing any kind of work. The AU found that the medical evidence established that the claimant has gouty arthritis, post laminectomy pain with intermittent muscle spasms, mild osteoarthritis of the knees, and moderate pain. Joint Appendix at 12. He further found that the claimant has the residual functional capacity to perform the physical exertion requirements of work except for prolonged walking, standing, climbing or sitting without a change of positions, and frequent bending, twisting or stooping, and that the claimant has the residual functional capacity to perform sedentary work, which is defined as work that involves:

lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met.

20 C.F.R. § 404.1567(a).

We find that the AU’s findings are supported by substantial evidence. The medical history shows that the claimant was admitted to Redford Community Hospital in December, 1983 complaining of pain in his leg (although he did not complain of pain in his back). He was diagnosed as having acute radiculitis. Joint Appendix at 98. In January of 1984 a myelogram showed a herniated disc at the L4-L5 level laterally on the left side. Joint Appendix at 113. In April of 1984, laminectomies were performed to repair the herniated disc and subsequent leakage. At the time of the operations Dr. Friedman, the attending [1231]*1231physician, reported that the claimant denied any chest pain or shortness of breath, and found his chest clear to percussion and his heart normal, with no significant murmurs. Joint Appendix at 126. Following the operations, Dr. Friedman, stated that the claimant was “much improved from his previous pain.” Joint Appendix at 125.

The subsequent medical history indicates that the laminectomies performed in April of 1984 relieved the claimant’s radiculopa-thy, and that he has not suffered from serious back pain since. Joint Appendix at 125, 136, 168, 170-71. The claimant’s main problem appears to be gout. However, the claimant testified that the symptoms subside within twelve hours if he uses medication. Joint Appendix at 37. Furthermore, a number of the medical reports indicate that the claimant was not suffering pain at the times he was examined. Joint Appendix at 125-26, 136, 171.

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Bluebook (online)
859 F.2d 1228, 1987 U.S. App. LEXIS 13778, 1987 WL 48815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steiner-v-secretary-of-health-human-services-ca6-1987.