William B. EGGLESTON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

851 F.2d 1244, 1988 U.S. App. LEXIS 9556, 1988 WL 71903
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 14, 1988
Docket86-1859
StatusPublished
Cited by69 cases

This text of 851 F.2d 1244 (William B. EGGLESTON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
William B. EGGLESTON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee, 851 F.2d 1244, 1988 U.S. App. LEXIS 9556, 1988 WL 71903 (10th Cir. 1988).

Opinion

TACHA, Circuit Judge.

This case involves the denial of disability benefits under the Social Security Act. The claimant, William Eggleston, was born on July 23, 1930, and has a third grade education. He has been employed primarily as a welder. He suffered injuries to his back and has had surgery three times. He filed for disability benefits on December 7, 1979. His claim was denied at every step in the administrative process. He then appealed to the district court. The district court remanded the case to the Secretary for reasons not relevant to this appeal. On remand, Eggleston’s claim was again considered by an Administrative Law Judge (AU) and denied. The Secretary accepted the AU’s decision, the district court affirmed and Eggleston appeals. We affirm in part, and reverse in part.

In assessing Eggleston’s impairments, the AU considered Eggleston’s testimony, and reports by Eggleston’s former treating physician, Veterans Administration Hospital clinics, five examining physicians, and one medical advisor who did not examine the claimant. The AU found that Eggle-ston has a severe back impairment and mild pulmonary system impairments, and he experiences pain but not disabling pain. The AU concluded that Eggleston could not return to his former work as a welder but that he retained the residual functional capacity to perform light work.

The AU then considered whether there are jobs classified as light work that Eggle-ston could perform. He considered Eggle-ston’s age, education and transferable skills. The AU found that although Eg-gleston is academically illiterate, he is functionally literate. The AU relied on testimony of three vocational experts in finding that Eggleston had acquired skills in his previous work that could be transferred to light work. The AU then considered the closest applicable rule in the Medical-Vocational Guidelines (Grids), 20 CFR Part 404, Subpt. P, App. 2, table 2, Rule 202.12, and concluded that Eggleston is not disabled.

Our scope of review in Social Security disability claims is narrow. We must affirm the decision of the Secretary if the decision is supported by substantial evidence, 42 U.S.C. § 405(g); Reyes v. Bowen, 845 F.2d 242, 244 (10th Cir.1988), and he gives adequate reasons for his decision, Reyes, 845 F.2d at 244.

I.

Eggleston’s allegations of error fall into two groups. The first group of challenges involves the AU’s determination that his impairment is not of the severity of an impairment listed in the regulations, 20 C.F.R. Part 404, Subpt.P.App.l § 1.05 C, and that he retains the capacity to do light work.

Eggleston argues that the AU did not give proper weight to a report prepared by Dr. Freede who had been his treating physician and performed his surgeries. In Reyes, we stated that “the Secretary must give substantial weight to the evidence and opinion of the claimant’s treating physician, unless good cause is shown for rejecting it.” 845 F.2d at 244-45. However, a treat *1247 ing physician’s opinion may be rejected if the Secretary gives specific, legitimate reasons for doing so. Id. at 245.

The record contains several reports prepared by Dr. Freede while Eggleston was in his care. These reports indicate that Eggleston was not so severely disabled that he could not return to his work as a welder. The record also contains a report prepared by Dr. Freede approximately three years after he last saw Eggleston. This report indicates that Eggleston is completely disabled. It is this later report upon which Eggleston bases his argument. Only one examining physician agreed with Dr. Freede’s later report. The other four examining physicians found that Eggleston suffered some, but not total, disability. The ALJ’s opinion indicates that he considered all of the medical reports in the record in making his determination that Eggleston retains the capacity to do light work. Considering the examining physicians’ findings, the inconsistencies between the reports Dr. Freede made while treating Eggleston and the later report, we find the AU did not err in not giving substantial weight to Dr. Freede’s later report.

Next Eggleston argues that the AU failed to credit his testimony regarding his pain. The AU did find the claimant’s testimony to be at least partially credible. The AU noted that Eggleston “doubtlessly experiences some discomfort,” and found that Eggleston is disabled except for light work. Furthermore, the AU gave reasons for finding Eggleston not fully credible. For example, he noted that Eggleston gave inconsistent answers to some questions and some of his assertions were at odds with much of the medical evidence in the case. We find no error.

Finally Eggleston argues that the AU did not consider the combined effects of his impairments. The AU’s opinion addresses Eggleston’s various impairments, and we find nothing to suggest they were not properly considered. The AU did not err.

II.

In the second group of allegations of error, Eggleston challenges the AU’s determination that, even though he cannot return to his former work, Eggleston is not disabled because he can perform other jobs that exist in the national economy. A person whose impairment precludes performance of past work is disabled unless the Secretary demonstrates that the person can perform other work. In making this determination the Secretary must consider the claimant’s age, education, past work experience, and residual functional capacity. 20 C.F.R. § 404.1520(f). In appropriate circumstances, the Secretary may use the Grids to determine whether other work exists that a claimant could perform. Heckler v. Campbell, 461 U.S. 458, 467-69, 103 S.Ct. 1952, 1957-58, 76 L.Ed.2d 66 (1983). Where the various factors do not coincide with any specific rule or where the claimant has nonexertional impairments which further limit the range of jobs he can do, the Grids may not be used to direct a finding of not disabled. However, they may be used as a guideline in evaluating the case. 20 C.F.R. Part 404, Subpt. P, App. 2, § 200.00(d) and (e)(2); see also Gatson v. Bowen, 838 F.2d 442, 446 (10th Cir.1988).

Eggleston alleges that the AU erred in applying the Grids. He alleges that his nonexertional limitations due to pain preclude use of the Grids. The presence of a nonexertional impairment does not preclude the use of the Grids. Channel v. Heckler, 747 F.2d 577, 582 n. 6 (10th Cir.1984).

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851 F.2d 1244, 1988 U.S. App. LEXIS 9556, 1988 WL 71903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-b-eggleston-plaintiff-appellant-v-otis-r-bowen-secretary-of-ca10-1988.