Virgil A. HALL, Appellant, v. Otis R. BOWEN, Secretary of United States Department of Health and Human Services, Appellee

857 F.2d 1210, 1988 U.S. App. LEXIS 13529, 1988 WL 98435
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 27, 1988
Docket87-5457
StatusPublished
Cited by2 cases

This text of 857 F.2d 1210 (Virgil A. HALL, Appellant, v. Otis R. BOWEN, Secretary of United States Department of Health and Human Services, Appellee) 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.

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Virgil A. HALL, Appellant, v. Otis R. BOWEN, Secretary of United States Department of Health and Human Services, Appellee, 857 F.2d 1210, 1988 U.S. App. LEXIS 13529, 1988 WL 98435 (8th Cir. 1988).

Opinion

LAY, Chief Judge.

Virgil Hall appeals from a district court order 1 affirming the Secretary of Health and Human Services’ (the Secretary) denial of his applications for social security disability benefits. We affirm.

I. Background

Hall is a forty-nine year old man who has a junior high school education and who has been diagnosed as mildly retarded. He has limited ability to read and write, his mathematical skills are poor, and he is very dependent upon his wife to manage his affairs. His relevant past employment is primarily comprised of twenty-three years experience as a laborer on a loading dock. Mr. Hall has an extensive and varied history of bad health which includes alcoholism, hearing loss, poor eyesight, shoulder pain, and a kidney disorder that resulted in the removal of one kidney. His primary complaints stem from a degenerative disc condition in his lower lumbar spine and the inordinate amount of pain Mr. Hall associates with this condition.

Hall applied for Supplemental Security Income and Disability Insurance Benefits on October 3 and 4, 1983, respectively, alleging disability since November 30,1980. These applications were denied by the Secretary both upon initial review on December 23, 1983, and upon reconsideration on October 10, 1984. Hall requested and received a hearing before an Administrative Law Judge (AU). On March 14, 1985, AU Charles J. Frisch found that Hall was not disabled and denied the applications for benefits. The Appeals Council affirmed the AU’s decision on May 29, 1985. Hall filed an action for review of this matter in federal district court. The case, however, was subsequently remanded for reconsideration in light of mental impairment listings newly codified by the Secretary pursuant to the Social Security Disability Reform Act of 1984, Pub.L. No. 98-460, 98 Stat. 1794 (codified as 42 U.S.C. § 423 (Supp. III 1985)). A supplemental hearing was held before AU Frisch on April 22, 1986. On May 29, 1986, the AU again found that Hall was not disabled and denied his applications for benefits. The AU determined that while Hall could not return to his previous employment he retained the residual functional capacity to at least perform light work. In reaching this conclusion, the AU had discounted Hall’s complaints of disabling pain in light of contradictory objective clinical and laboratory data and medical opinion. On review the Appeals Council determined that the AU’s conclusions were supported by the evidence in the record and affirmed the decision. The district court affirmed the Secretary on September 24, 1987. This appeal followed.

II. Discussion

On appeal, Hall asserts that the Secretary erred in finding that (1) the combination of his impairments does not meet or equal the definition of a “Somatoform Disorder” and (2) he has the residual functional capacity to perform light work.

A. Somatoform Disorder

In considering the extent of Hall’s nonexertional impairment, the AU *1212 erroneously determined that he was ineligible for disability classification under soma-toform disorders. 2 The AU did, however, consider whether Hall was disabled as a result of an affective disorder. 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.04 (1987). This is significant because in order to find disability because of an affective disorder, claimant must demonstrate a causal connection between the disorder and at least two of the four following conditions:

1. Marked restriction of activities of daily living; or
2. Marked difficulties in maintaining social functioning; or
3. Deficiencies of concentration, persistence or pace resulting in frequent failure to complete tasks in a timely manner (in work settings or elsewhere); or
4. Repeated episodes of deterioration or decompensation in work or work-like settings which cause the individual to withdraw from that situation or to experience exacerbation of signs and symptoms (which may include deterioration of adaptive behaviors).

20 C.F.R. pt. 404, subpt. P, app. 1, § 12.04(B)(l)-{4). To find disability due to a somatoform disorder, the claimant must demonstrate a causal connection with three of these four conditions. Id. at § 12.07(B)(l)-(4). The AU concluded that while Hall might have difficulties in maintaining social functioning he was able to perform activities of daily living, concentrate sufficiently to complete tasks in a timely manner, and had not experienced any episodes of deterioration or decompen-sation in work-like settings. By virtue of these findings, the AU could not have found Hall disabled by a somatoform disorder even if he had properly interpreted § 12.07(A).

The Appeals Council acknowledged that the AU had incorrectly interpreted § 12.07(A). It nonetheless affirmed the AU’s decision. Its decision was based, in part, on the AU’s analysis of Hall’s capabilities under § 12.04(B)(1)-(4). The decision was also based on a review of the reports generated by Drs. Alford Karayu-suf, Anthony Tabor, and Charles Chmielew-ski. The Appeals Council observed that these experts had diagnosed Hall’s condition as stemming from a dysthymic disorder and depression rather than from a so-matoform disorder. 3 The Appeals Council determined that the psychological and psychiatric reports, coupled with the AU’s findings on Hall’s capabilities under the §§ 12.04(B) & 12.07(B) criteria, held greater credibility than Hall’s complaints of disabling pain.

We conclude that there is substantial evidence on the record as a whole to support the Secretary’s finding that Hall was not disabled by virtue of a somatoform disorder.

B. Capacity to Perform Light Work

The Secretary’s regulations require the AU to consider a claimant’s residual functional capacity and whether he can still perform the type of employment he has performed in the past. 20 C.F.R. § 404.1520(e).

To have the residual functional capacity to perform “[l]ight work,” an individual must be able to frequently lift and carry objects weighing up to ten pounds and be able to occasionally lift objects weighing up to twenty pounds. Id. at § 404.1567(b). Hall testified that he was unable to lift twenty pounds and uncertain of whether he could lift ten pounds. Reports made out by three physicians who examined Hall, however, were somewhat more encouraging. *1213 Dr. R. Lawrence Thienes examined Hall on October 27, 1983, and observed normal flexion of the spine and normal neurological findings. He stated that most of Hall’s “symptoms appear to be psychophysiological, musculoskeletal in etiology and could be remedied by having a job.” During the period between February 5 and March 14, 1984, Dr. J.H.

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857 F.2d 1210, 1988 U.S. App. LEXIS 13529, 1988 WL 98435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virgil-a-hall-appellant-v-otis-r-bowen-secretary-of-united-states-ca8-1988.