Wilma J. BATTLES, Appellant, v. Louis SULLIVAN, Secretary, Department of Health and Human Services, Appellee

902 F.2d 657, 1990 U.S. App. LEXIS 6537, 1990 WL 50814
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 25, 1990
Docket89-1875
StatusPublished
Cited by81 cases

This text of 902 F.2d 657 (Wilma J. BATTLES, Appellant, v. Louis SULLIVAN, Secretary, 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.

Bluebook
Wilma J. BATTLES, Appellant, v. Louis SULLIVAN, Secretary, Department of Health and Human Services, Appellee, 902 F.2d 657, 1990 U.S. App. LEXIS 6537, 1990 WL 50814 (8th Cir. 1990).

Opinion

WOLLMAN, Circuit Judge.

Wilma J. Battles appeals from the district court’s 1 order affirming the denial of benefits by the Secretary of Human Services (Secretary). We affirm.

In May 1986, Battles applied for disability insurance benefits under Title II of the Social Security Act (Act), 42 U.S.C. § 401-433, and supplemental security income benefits based on disability under Title XVI, 42 U.S.C. § 1381-1383. Battles claimed she was disabled from numbness and pain in her right side, pain in her legs and stiffness in her neck, and alleged disabilities since June 1983. One month after filing her claim, she amended her alleged onset date to March 1981.

Her applications were denied initially, on reconsideration, and after a hearing before an Administrative Law Judge (ALJ). The district court affirmed the Secretary’s decision. Appeal to this court followed.

Battles, who was fifty years old at the time of the administrative hearing, has a tenth grade education and one year of vocational training in clerical work. She has worked as a kitchen assistant, skill saw operator, maid, and assistant for the elderly.

In his decision, the ALJ stated that Battles’ impairments included a “hiatal hernia, mild degenerative changes for her cervical spine, status post hysterectomy, urinary tract infection and vaginal infection, and low back and lower extremity pain, etiology not established.” The AU found that Battles’ testimony was not credible and was not supported by the totality of the record. He determined that she had the residual functional capacity to perform work-related activities, except for work involving greater than medium exertional activity. The AU further found that Battles’ past relevant work as a domestic, skill saw operator, Watkins’ salesman, and assistant to the elderly did not require the performance of work-related activities precluded by her limitations. The AU concluded, therefore, that Battles was not under a “disability” at any time through the date of the decision as defined in the Act.

Battles asserts that the Secretary erred in denying her claim for benefits. Battles maintains that the AU failed to make adequate findings and to develop the record with regard to her ability to perform her past relevant work, as required by Social Security Ruling (S.S.R.) No. 82-62:

The decision as to whether the claimant retains the functional capacity to perform past work which has current relevance * * * must be developed and explained fully in the disability decision.
Sufficient documentation will be obtained to support the decision. Any case requiring consideration of [past relevant work] will contain enough information on past work to permit a decision as to the individual’s ability to return to such past work (or to do other work).

S.S.R. No. 82-62, Soc.Sec.Rep. 809, 812.

Battles maintains that the AU failed to obtain “[djetailed information about strength, endurance, manipulative ability, mental demands, and other job requirements * * * as appropriate” as required by *659 S.S.R. No. 82-62. The ruling also requires that the information be

derived from a detailed description of the work obtained from the claimant, employer, or other informed source. Information concerning job titles, dates work was performed, rate of compensation, tools and machines used, knowledge required, the extent of supervision and independent judgment required, and a description of tasks and responsibilities will permit a judgment as to the skill level and current relevance of the individual’s work experience.

Id. This court has recently held that “the ALJ has a duty to fully investigate and make explicit findings as to the physical and mental demands of a claimant’s past relevant work.” Nimick v. Secretary of Health & Human Servs., 887 F.2d 864, 866 (8th Cir.1989) (emphasis in original). See also Gunnels v. Bowen, 867 F.2d 1121, 1124 (8th Cir.1989) (AU failed to address stress required in prior employment). Battles contends that the AU’s questioning failed to satisfy the thorough approach contemplated by the ruling.

We review the Secretary’s decision to determine whether the decision is supported by substantial evidence on the record as a whole. 42 U.S.C. § 405(g); see also Williams v. Bowen, 790 F.2d 713, 715 (8th Cir.1986). We take into consideration the weight of the evidence in the record and apply a balancing test to evidence which is contradictory. Gavin v. Heckler, 811 F.2d 1195, 1199 (8th Cir.1987).

To establish entitlement to benefits, Battles must show that she had been unable to engage in any substantial gainful activity by reason of a medically determinable impairment which had lasted or could have been expected to last for not less than 12 months. See 42 U.S.C. §§ 423(d)(1)(A) and 1382c(a)(3)(A). To be eligible under Title II, Battles must establish that she had been disabled prior to the expiration of her insured status on December 31, 1981. 2 See 42 U.S.C. §§ 416(i) and 423(c). To be eligible for Title XVI benefits, Battles must have been disabled while her application was pending. 42 U.S.C. § 1382(c); 20 C.F.R. §§ 416.330 and 416.335.

We conclude that the AU’s determination that Battles was not disabled prior to the expiration of her Title II insured status is supported by substantial evidence. Battles did not submit medical evidence regarding her condition before April 29, 1984, when she received treatment for abdominal pain but not for the impairments she claimed were disabling. Although Battles contends that the medical evidence subsequent to April 1984 established her disability more than two years earlier, the evidence did not indicate serious impairment during the relevant time.

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Bluebook (online)
902 F.2d 657, 1990 U.S. App. LEXIS 6537, 1990 WL 50814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilma-j-battles-appellant-v-louis-sullivan-secretary-department-of-ca8-1990.