Glenn v. Social Security Administration

Filing 13

ORDER affirming the decision denying the application and DISMISSING CASE. Signed by Judge D. P. Marshall Jr. on 7/24/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

JEFFREY MARVIN GLENN

v.

No. 4:12-cv-335-DPM

CAROLYN W. COLVIN, Commissioner,
Social Security Administration

DEFENDANT

ORDER
Glenn sought supplemental security income, claiming disability at age
forty-five due to back and knee problems. He worked in construction for
almost thirty years before being laid off. His last day of work served as his
onset date. The Commissioner's ALJ identified hernia surgery, degenerative
disc disease of the lumbar spine, and obesity as severe impairments. He
determined that Glenn could do medium work and denied the SSI
application. Glenn appeals. The question now is whether, considering
supporting and contrary evidence, substantial evidence supports the
Commissioner's decision. Prosch v. Apfel, 201 F.3d 1010,1012 (8th Cir. 2000).
All Glenn's arguments flow from his criticism of the state examining
physician. He characterized the physician as a "fake" doctor who didn't
examine him properly. Tr. 129. He sought a second physical examination,
but the ALJ denied the request. Glenn maintains the ALJ should have ordered

the second exam and attacks the orthopedist's report.
A claimant bears the burden of providing medical evidence to prove his
alleged disability, Bowen v. Yuckert, 482 U.S. 137, 146 n.S (1987), but Glenn
provided no medical evidence when he applied for disability. The ALJ
developed the record by ordering a physical examination by an orthopedic
surgeon- a specialist in Glenn's alleged impairments.
The orthopedist's report was based on personal observation, an
orthopedic examination, and some radiographic imaging. The report is very
detailed, summarizing Glenn's complaints and providing the results of
functional and neurological testing. The exam indicated lumbar strain. The
imaging showed some degenerative disc disease at LS-51- changes the
orthopedist thought could contribute to lower back pain. Later imaging
showed mild degenerative changes in the lumbar spine. Glenn demonstrated
a functional range of motion in his lower back and exhibited no focal sensory
or motor deficits. The orthopedist concluded that Glenn could lift and carry
fifty pounds occasionally and twenty-five pounds frequently, with frequent
bending, kneeling, stooping, crawling, or crouching. The report adequately
supports the ALJ' s decision that Glenn could do medium work. Britton v.

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Sullivan, 908 F.2d 328,331 (8th Cir.1990). No second report was needed in the

circumstances. Barrett v. Shalala, 38 F.3d 1019, 1023 (8th Cir. 1994).
Glenn contends the ALJ erred by determining he could adjust to other
work, but the Court disagrees. The Commissioner's regulations provide for
a "disabled" conclusion when a marginally educated claimant did physical
labor for at least thirty-five years. SSR 82-63. Glenn does not fit the profile.
His tenth-grade education is limited, not marginal, under the regulation. 20
C.F.R. § 416.964(b). And he did semi-skilled, heavy work for twenty-nine
years. The Court affirms the decision denying the application.
So Ordered.

D.P. Marshall 'fl'O
United States District Judge
24 July 2013

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