Vick v. Commissioner of the Social Security Administration

57 F. Supp. 2d 1077, 1999 U.S. Dist. LEXIS 17878, 1999 WL 550571
CourtDistrict Court, D. Oregon
DecidedJuly 2, 1999
DocketCIV. 98-1196-JO
StatusPublished
Cited by2 cases

This text of 57 F. Supp. 2d 1077 (Vick v. Commissioner of the Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vick v. Commissioner of the Social Security Administration, 57 F. Supp. 2d 1077, 1999 U.S. Dist. LEXIS 17878, 1999 WL 550571 (D. Or. 1999).

Opinion

ROBERT E. JONES, District Judge.

Claimant Joyce Vick seeks judicial review of a final decision of the Commissioner of Social Security denying her claim for Social Security disability insurance benefits (“DIB”). This court has jurisdiction to review the Commissioner’s decision pursuant to 42 U.S.C. § 405(g). Following a careful review of the record, I affirm that decision.

ADMINISTRATIVE HISTORY

Claimant filed an application for DIB on January 20, 1995. (Tr. 81-83.) The application was denied both initially (Tr. 86-89) and upon reconsideration (Tr. 92-98). Claimant then untimely requested a hearing, which was denied April 12, 1996 by an Administrative Law Judge (“ALJ”) for lack of good cause to extend the time for filing. (Tr. 20, 193-96.) On April 18, 1996, claimant appealed the decision denying the extension (Tr. 197); on May 21, 1997, the Appeals Council found that claimant had good reason for not filing timely and remanded for a de novo hearing before an ALJ (Tr. 208-10), which was held August 6,1997 (Tr. 31, 41).

The ALJ denied claimant benefits in an August 25, 1997 decision, finding that she was not disabled. (Tr. 20-30.) The Appeals Council denied claimant’s request for review of the ALJ’s decision on September 16, 1998. (Tr. 3-4.) As a result, the ALJ’s decision became the agency’s final order.

STANDARD OF REVIEW

This court must affirm the Commissioner’s decision if it is based on proper legal standards and the findings are supported by substantial evidence on the record as a whole. Tylitzki v. Shalala, 999 F.2d 1411, 1413 (9th Cir.1993). Substantial evidence is “such evidence as a reasonable mind might accept as adequate to support a conclusion.” Maggard v. Apfel, 167 F.3d 376, 379 (7th Cir.1999) (citing Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). The court must weigh “both the evidence that supports and detracts from the [Commissioner’s] conclusion.” Martinez v. Heckler, 807 F.2d 771, 772 (9th Cir.1986). The Commissioner’s decision must be upheld if it is a rational interpretation of the evidence, even if there are other possible rational interpretations. Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir.1989).

SUMMARY OF ALJ’S FINDINGS

The ALJ utilized a five-step “sequential evaluation” process in evaluating claimant’s disability, as required. See 20 C.F.R. § 416.920. The ALJ first determined that claimant satisfied the disability insurance requirements from June 15, 1991 through December 31, 1993, during which time she attained sufficient coverage. The ALJ also found that claimant has not engaged in substantial gainful activity since June 15, 1991. (Tr. 21, 29.) Next, the ALJ determined that as of December 13, 1993, claimant’s date last insured, claimant had no impairments that were severe. (Tr. 26, 27, 29.) In finding thus, the ALJ determined claimant’s statements regarding her impairments to be not entirely credible. In particular, the ALJ found contradictions in reviewing claimant’s earnings, *1081 which rose as high as $500.00 per month (thus remaining below the level of substantial gainful activity) during the period in question, and her declared inability to work; her capacity to bowl, shop, and vacation; and the reports of her treating practitioners. (Tr. 28, 29.)

The ALJ further determined that claimant did not have any impairments which significantly limited her capacity to perform basic work-related functions. The ALJ found support for this finding in claimant’s work as a babysitter. (Tr. 29.) As a result, the ALJ found claimant not to be disabled, as defined in the Social Security Act, through December 31, 1993. The ALJ accordingly denied claimant’s request for DIB.

STATEMENT OF FACTS

Born December 2, 1940, claimant was 56 years old at the time of the ALJ decision. She has a high school diploma and completed a business accounting course in night school, which she never used. Claimant worked at K-Mart from October 1968 to August 1986 in a variety of positions including 16 years as a receiving clerk. In 1990 and 1991, 1 claimant was a counter person in a retail dry cleaner. In 1991, claimant worked for two weeks at a Target store, though she left that position to take advantage of a trip to Las Vegas that she had won. (Tr. 163.) She also worked for three months at Mailbox Etc., possibly in 1992. 2 (Tr. 163.) Claimant was a baby sitter from 1991 to 1993 3 (Tr. 64, 67), working full-time three to five days per week for $20.00 or $25.00 per day (resulting in gross wages of $240 to $500 per month).

Claimant alleges disability based on combined impairments of obesity, knee injuries, irritable bowel syndrome, and a shoulder injury. Because claimant’s date last insured for DIB is December 31, 1993 (Tr. 21), she must show that her disability commenced on or before that date.

Medical Evidence

On May 1, 1990, claimant had arthroscopic surgery on her right knee. (Tr. 175.) By May 29, 1990, Dr. Coletti noted that claimant was “[djoing extremely well” and by June 26, 1990, Dr. Coletti reported that claimant’s knee “looks fine,” following a fall two weeks previous. (Tr. 190.) Claimant’s knee later began bothering her again beginning May 31, 1994 after she injured her knee while deplaning. (Tr. 146.) In 1994, claimant repeated the arthroscopic knee surgery. (Tr. 175.) In 1996, claimant underwent a total knee replacement. (Tr. 175.)

Claimant strained her left ankle as the result of a motor vehicle accident on August 31, 1992 (Tr. 156), for which she received a short leg walking cast prescribed by Dr. Peterson on September 11, 1992. (Tr. 189.) Her ankle bothered her until February 2, 1993, when she had good range of motion and no localized tenderness, though she was not “as vigorous as she could be in pursuing her home exercises.” (Tr. 187.)

Claimant experienced tenderness in her left shoulder by July 27, 1992, resulting in muscle spasms and a decreased range of motion, which was described as tendinitis/bursitis by Dr. Pausig then (Tr. 157) and on August 3,1992 as “classic presenta *1082 tion” of tendinitis of the left shoulder. (Tr. 156.) Claimant complained to Dr. Peterson of left shoulder pain November 4, 1992, although she had full range of motion and “no appreciable acromioclavicular tenderness.” (Tr. 188) Dr.

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Bluebook (online)
57 F. Supp. 2d 1077, 1999 U.S. Dist. LEXIS 17878, 1999 WL 550571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vick-v-commissioner-of-the-social-security-administration-ord-1999.