Teague v. Astrue

638 F.3d 611, 2011 U.S. App. LEXIS 9221, 2011 WL 1675421
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 5, 2011
Docket10-2939
StatusPublished
Cited by95 cases

This text of 638 F.3d 611 (Teague v. Astrue) 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
Teague v. Astrue, 638 F.3d 611, 2011 U.S. App. LEXIS 9221, 2011 WL 1675421 (8th Cir. 2011).

Opinion

MURPHY, Circuit Judge.

Ramona Teague sought disability insurance benefits under the Social Security Act, alleging that migraine headaches, affective mood disorder, and myofascial back pain left her unable to work. An administrative law judge (ALJ) concluded that Teague’s residual functional capacity would allow her to perform past relevant work and denied her application. The appeals council denied further administrative review and Teague brought this action for judicial review. The district court 2 affirmed. Teague now appeals, arguing that the decision of the ALJ is unsupported by substantial evidence. We affirm.

Teague has an extensive medical history. Between January 2005 and August 2008, she was treated or examined by several different physicians for a number of ailments, including migraine headaches, back pain, and depression. From January to 2005 to August 2008, Teague made at least 15 separate visits to Katherine Lowder, M.D., in which she reported migraine headaches. Dr. Lowder prescribed medication for the headaches and also for depression, which she diagnosed in January 2005. Although Teague reported some improvement in September 2005 and February 2006, she continued to report migraines and depression in visits with Dr. Lowder through August 2008. From April through November 2005, Teague saw Susan Dobmeyer, M.D., who administered epidural botulinum (botox) injections to treat Teague’s migraines. Dr. Dobmeyer noted that Teague had “good” or “excellent” responses to the injections. This corresponds with the improvement reported to Dr. Lowder.

Beginning in August 2005, Teague saw Ashok Kumar, M.D., for her back pain. Dr. Kumar administered epidural injections and prescribed medication and physical therapy. Teague reported some improvement in a September 2005 follow-up appointment, but she returned to Dr. Kumar in late December 2005 describing worse symptoms. Reviewing Teague’s *614 MRI and x-ray results, Dr. Kumar told Teague he was “at a loss to explain her severe symptoms despite the negative investigations.” Dr. Kumar ordered a bone scan to check for previously undiscovered abnormalities and found none.

Teague applied for disability insurance benefits on April 19, 2007. In July, she visited Riaz A. Naseer, M.D., for a consultative examination. Dr. Naseer noted that Teague had difficulty with bending; her range of motion was limited in the hips and lower spine but was otherwise normal. On the same day Teague saw Lloyd Ear-win Moore, Ph.D., who performed a psychological evaluation. He diagnosed major depressive disorder. Subsequently Teague’s counsel submitted a medical source statement (MSS) from Dr. Lowder in which she reported that Teague could stand and/or walk continuously for ten minutes, sit continuously for one hour, and occasionally lift and/or carry up to five pounds. According to the MSS, Teague could occasionally balance but could never climb, stoop, kneel, crouch or bend.

When Teague’s application was denied, she brought appeal proceedings before an ALJ. At the hearing Teague testified that she had migraine headaches, back pain, and depression. She reported that she could sit for only about 20 minutes or stand or walk for 10 to 30 minutes. As to her daily activities, Teague testified that she would occasionally help prepare meals, do light house work, and run errands. She also reported that she played piano at church once or twice a month. She reported no difficulty with mental tasks. A vocational expert testified that a hypothetical individual who could lift and carry up to ten pounds, stand and walk for two hours, and sit for six hours during an eight hour workday could perform Teague’s past relevant work as a customer service representative.

The ALJ engaged in the five step inquiry outlined in 20 C.F.R. § 404.1520. At the first step, he determined that Teague had not engaged in substantial gainful activity since her application for benefits. See 20 C.F.R. § 404.1520(a)(4). Next, he determined that her affective mood disorder, migraine headaches, and myofascial back pain were severe impairments. See id. In the third step, the ALJ decided that Teague’s impairments did not automatically qualify her for benefits. See id. Before reaching the fourth and fifth steps, the ALJ determined that Teague had the residual functional capacity to perform sedentary work. See id. At the fourth step, he determined that she could perform her past relevant work as a customer service representative; as a result, he did not reach the fifth and final step. See id. Because she could perform her past relevant work, the ALJ found that Teague was not disabled and denied her claim.

The appeals council denied further review and Teague sought judicial review in the district court. The agency decision was affirmed in the district court. This appeal followed.

We review de novo a district court’s decision affirming the denial of social security benefits. Zeiler v. Barnhart, 384 F.3d 932, 935 (8th Cir.2004). We will affirm the decision of the ALJ if it is supported by substantial evidence on the record as a whole. 42 U.S.C. § 405(g); Finch v. Astrue, 547 F.3d 933, 935 (8th Cir.2008). “Substantial evidence is less than a preponderance but is enough that a reasonable mind would find it adequate to support the conclusion.” Finch, 547 F.3d at 935 (quotations omitted). We may not reverse simply because we would have come to a different conclusion. Id.

Teague first argues that the ALJ improperly discredited her testimony regard *615 ing her migraine headaches, leaving the determination of her residual functional capacity unsupported by substantial evidence.

The claimant bears the burden of proving disability. E.g., Masterson v. Barnhart, 363 F.3d 731, 737 (8th Cir.2004). When analyzing a claimant’s subjective complaints of pain, the ALJ must examine: (1) the claimant’s daily activities, (2) the duration, frequency and intensity of the pain, (3) precipitating and aggravating factors, (4) the dosage, effectiveness and side effects of any medication, and (5) functional restrictions. Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984). The ALJ may properly discount the claimant’s testimony where it is inconsistent with the record. Eichelberger v. Barnhart, 390 F.3d 584, 590 (8th Cir.2004).

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638 F.3d 611, 2011 U.S. App. LEXIS 9221, 2011 WL 1675421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teague-v-astrue-ca8-2011.