Van Winkle v. Commissioner of Social Security

29 F. App'x 353
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 6, 2002
DocketNo. 00-6294
StatusPublished
Cited by6 cases

This text of 29 F. App'x 353 (Van Winkle v. Commissioner of Social Security) 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
Van Winkle v. Commissioner of Social Security, 29 F. App'x 353 (6th Cir. 2002).

Opinion

ORDER

James Van Winkle, proceeding through counsel, appeals a district court judgment that affirmed the Commissioner’s denial of his claim for social security disability benefits. The court sent the parties a letter inquiring why the case should not be submitted without oral argument, and neither party responded. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

In March 1993, Van Winkle filed a claim for disability benefits with an onset date of December 1, 1988. Van Winkle was forty-seven years old on the alleged onset date, and it is undisputed that his insured status expired at the end of that month.

At a series of hearings before Administrative Law Judges (“ALJ”), Van Winkle testified that, in 1987 and 1988, he suffered from excruciating and episodic spasms in his back muscles. He testified that, between bouts of pain, he did much of the household cooking, but that he was mostly limited to washing dishes and vacuuming the house. He stated that he could stand for thirty minutes, that he could not lift anything, and that he could hardly walk, except for a two-city-block walk to his doctor’s office. Van Winkle stated that, on pain-free days in 1987 and 1988, he felt like he could chop down a tree. He stated that, on average, he could lift fifteen or twenty pounds and sit for half an hour. He testified that he could not lift anything on his bad days.

A review of the relevant medical records by the testifying physicians gleaned the following evidence. In May 1987, Van Winkle went to a hospital emergency room with complaints of hand and ankle swelling and migratory joint pain involving his lower back. A clinical examination showed no abnormality, but blood tests indicated the presence of an inflammatory process, possibly osteoarthritis. In August 1988, an X-ray showed the formation of a bone spur on a vertebrae in Van Winkle’s back. He was diagnosed with arthritis and treated with Motrin, an anti-inflammatory. On October 3, 1988, he visited his doctor, but he had no complaints. In December 1988, during a follow-up exam concerning his blood pressure, Van Winkle complained of knee and shoulder pain. His range of motion in these areas tested within limits, and he was again treated with Motrin.

The ALJ concluded that, during the relevant period, Van Winkle suffered from fibromyalgia but that it was not severe enough to be listed in Appendix 1, Subpart P, Regulations No.4. The ALJ concluded that, in the light of the testimony of Dr. Goldin, a medical advisor, Van Winkle re[356]*356tained the residual functional capacity to perform light work during the period in question. The ALJ did not credit Van Winkle’s allegations of disabling pain in the light of the minimal medical treatment he received and the lack of objective medical evidence. The Appeals Council denied Van Winkle’s request for review.

The magistrate judge recommended that the district court affirm the Commissioner’s denial of disability benefits. Upon de novo review, the district court affirmed the Commissioner’s decision that Van Winkle was not disabled as of December 31, 1988.

In his timely appeal from the district court’s decision, Van Winkle contends that the Commissioner’s decision is not supported by substantial evidence because: (1) the Commissioner did not meet his burden of proof to establish Van Winkle’s residual functional capacity to do light or sedentary work, and (2) the opinion of Dr. Kearfott, a treating physician, should have been controlling on the question of disability-

The standard of review that applies to Van Winkle’s case was articulated by this court in Brainard v. Sec’y of Health & Human Servs., 889 F.2d 679 (6th Cir.1989):

Judicial review of the [Commissioner]^ decision is limited to determining whether the [Commissioner]’s findings are supported by substantial evidence and whether the [Commissioner] employed the proper legal standards in reaching her conclusion. Substantial evidence is more than a scintilla of evidence but less than a preponderance and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. The scope of our review is limited to an examination of the record only. We do not review the evidence de novo, make credibility determinations nor weigh the evidence.

Id. at 681 (citations omitted). If supported by substantial evidence, the Commissioner’s decision must be affirmed, even if a reviewing court would decide the matter differently, see Kinsella v. Schweiker, 708 F.2d 1058, 1059 (6th Cir.1983), and even if the claimant’s position is also supported by substantial evidence. See Mullen v. Bowen, 800 F.2d 535, 545 (6th Cir.1986) (en banc).

Adjudicators use a five-step sequential analysis in making a disability determination. If it is determined that a claimant is or is not disabled at any point in the five-step review, further review is not necessary. 20 C.F.R. § 404.1520; Mullís v. Bowen, 861 F.2d 991, 993 (6th Cir.1988). First, if a claimant is working and engaged in substantial gainful activity, he will not be considered disabled. Second, the claimant must have a severe impairment or combination of impairments that significantly limit his ability to do basic work activities, or he will not be considered disabled. Third, if the claimant has an impairment that meets or equals one of the impairments listed in the regulations, the claimant is presumed to be disabled without further analysis. Fourth, if the claimant has the residual functional capacity to perform “past relevant work,” he is not disabled. Fifth, if an individual cannot perform “past relevant work,” the residual functional capacity, age, education, and past work experience are considered to determine if other work can be performed. The claimant is entitled to disability benefits only if he is not able to perform other work. § 404.1520(f).

Substantial evidence supports the Commissioner’s decision that Van Winkle, as of December 1998, retained the residual functional capacity to do light work. Giving Van Winkle’s claims the benefit of a doubt, they reached the fifth step in the [357]*357sequential analysis. That is, the Commissioner acknowledged Van Winkle could no longer work at his previous occupations as a truck driver or laborer; however, relying on the Medi-Vocational Guidelines, the ALJ concluded that Van Winkle could perform the full range of light work. Light work is defined as work that:

involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls.

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