William ROE, Appellant, v. Shirley S. CHATER, Commissioner of the Social Security Administration, Appellee

92 F.3d 672, 1996 U.S. App. LEXIS 20031, 1996 WL 447738
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 9, 1996
Docket95-3201
StatusPublished
Cited by237 cases

This text of 92 F.3d 672 (William ROE, Appellant, v. Shirley S. CHATER, Commissioner of the Social Security Administration, 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.

Bluebook
William ROE, Appellant, v. Shirley S. CHATER, Commissioner of the Social Security Administration, Appellee, 92 F.3d 672, 1996 U.S. App. LEXIS 20031, 1996 WL 447738 (8th Cir. 1996).

Opinions

MAGILL, Circuit Judge.

William E. Roe appeals the Commissioner of the Social Security Administration’s (Commissioner) decision denying him disability benefits. Roe contends that the administrative law judge (ALJ) improperly failed to precisely state Roe’s mental condition when posing a hypothetical question to a vocational expert. We disagree and affirm.

I.

Roe was bom on November 14, 1941, in Davenport, Iowa. He attended school until eighth grade when he was expelled. Roe completed his General Equivalency Diploma while in the navy. Following his military service, Roe worked in a variety of jobs.

On June 11, 1990, at the age of forty-eight years, Roe filed applications under the Social Security Act for supplemental security income, 42 U.S.C. §§ 1381-1383d, and disability insurance benefits, 42 U.S.C. §§ 401-433. Roe claimed he became disabled on August 2, 1989, due to chronic obstructive pulmonary disease, asthma, a degenerative knee condition, and high blood pressure. The Commissioner initially denied Roe disability benefits on August 1, 1990. On March 29, 1994, after several administrative appeals, Roe had a second hearing before an ALJ.

[674]*674The ALJ evaluated Roe’s claim according to the five-step analysis prescribed by the Social Security Regulations. See 20 C.F.R. § 404.1520(b)-(f) (1990).1 At step four, the ALJ determines the nature of Roe’s past relevant work and evaluates whether Roe is capable of performing this work in light of his residual functional capacity. If the claimant is found to be sufficiently able to perform any of his past relevant work, he is not considered to be disabled and, therefore, ineligible for benefits. See Bowen v. City of New York, 476 U.S. 467, 471, 106 S.Ct. 2022, 2025, 90 L.Ed.2d 462 (1986).

In determining whether Roe could perform his past relevant work, the ALJ considered work that Roe had performed over the past fifteen years that lasted long enough for Roe to learn to do the work and that constituted a substantial gainful activity. See Nimick v. Secretary of Health & Human Serv., 887 F.2d 864, 866 n. 3 (8th Cir.1989). Under this criteria, Roe’s past relevant work included positions as a garbage collector, a garbage collection driver, a janitor, a product assembler, a security guard, a yard worker, and a wooden toy assembler. Admin. Tr. at 15.

The ALJ also considered Roe’s residual functional capacity which is defined as “what [the claimant] can still do despite [his] limitations.” 20 C.F.R. § 404.1545(a) (1990). Assessing Roe’s residual functional capacity requires the ALJ to consider all of the relevant evidence to determine the claimant’s ability to meet certain mental, physical, sensory, and other demands of a job. Id. Based on the medical and psychological testimony presented at the hearing, as well as the testimony of Roe and his wife, the ALJ concluded that Roe possessed the residual functional capacity to:

perform work-related activities except for work involving lifting and carrying more than 20 pounds occasionally or 10 pounds frequently; standing or walking for more than one hour at a time; repetitive stooping, squatting, kneeling, crawling, or climbing; exposure to concentrations of dust, fumes, smoke, or extremes of heat, humidity, or cold; work which is very complex or technical in nature, though he can perform more than simple, routine, repetitive tasks which do not rely on written instruction or material; work which requires constant, close attention to detail; work which does not provide for occasional supervision; or work which must be performed faster than at a regular work pace.

Admin. Tr. at 27.

The ALJ posed a hypothetical question2 incorporating these limitations to a vocational [675]*675expert (VE), who responded that such an individual would be able to work as a janitor or as a security guard. Id. at 227. Based on the VE’s response and the other evidence presented at the hearing,3 the ALJ held that Roe was capable of past relevant work as a janitor or as a security guard.

Roe then sought review by the SSA Appeals Council, which was denied, leaving the ALJ’s decision as the final decision of the Commissioner. On August 19, 1994, Roe filed a complaint against the Commissioner in United States District Court for the Southern District of Iowa. After briefing, the district court affirmed the Commissioner’s decision to deny Roe benefits. Roe now appeals.

II.

On appeal, Roe makes two arguments concerning the hypothetical question. First, Roe argues that the hypothetical failed to precisely state all of Roe’s relevant conditions and, therefore, the response elicited from the VE cannot be considered substantial evidence. Roe also argues that, given the particular phrasing of the ALJ’s hypothetical question, the VE could only answer in the affirmative.

In reviewing the decision of the ALJ, we must affirm if it is supported by substantial evidence based on the record as a whole. Smith v. Shalala, 31 F.3d 715, 717 (8th Cir.1994); see also 42 U.S.C. § 405(g). Substantial evidence “is less than a preponderance, but enough so that a reasonable mind might find it adequate to support the conclusion.” Oberst v. Shalala, 2 F.3d 249, 250 (8th Cir.1993). Thus, “[w]e do not reweigh the evidence or review the factual record de novo.” Naber v. Shalala, 22 F.3d 186, 188 (8th Cir.1994). Rather, “‘if it is possible to draw two inconsistent positions from the evidence and one of those positions represents the agency’s findings, we must affirm the decision.’ ” Oberst, 2 F.3d at 250 (quoting Robinson v. Sullivan, 956 F.2d 836, 838 (8th Cir.1992)).

Testimony from a VE based on a properly-phrased hypothetical question constitutes substantial evidence. See Cruze v. Chater, 85 F.3d 1320, 1323 (8th Cir.1996); cf. Hinchey v. Shalala, 29 F.3d 428

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Bluebook (online)
92 F.3d 672, 1996 U.S. App. LEXIS 20031, 1996 WL 447738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-roe-appellant-v-shirley-s-chater-commissioner-of-the-social-ca8-1996.