Heiderscheidt v. Social Security Administration Commissioner

Filing 12

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS in toto. The Defendant's objection is overruled. Further the decision of ALJ is hereby affirmed and plaintiff's complaint is hereby dismissed with prejudice. Signed by Honorable Jimm Larry Hendren on July 5, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
LARISSA L. HEIDERSCHEIDT
v.

PLAINTIFF
Civil No. 10-3058

MICHAEL J. ASTRUE,
Commissioner of Social Security

DEFENDANT

O R D E R
Now on this 5th day of July, 2011, comes on for consideration
the Magistrate Judge's Report and Recommendation (Doc. 10) and
plaintiff's objection thereto (Doc. 11). The Court, being well and
sufficiently advised, finds and orders as follows:
1.

Plaintiff objects to the Magistrate Judge's Report and

Recommendation in which she finds substantial evidence supporting
the ALJ's decision denying plaintiff benefits, and thus recommends
that

the

decision

be

affirmed,

and

plaintiff's

complaint

be

dismissed with prejudice.
Specifically, the ALJ made an explicit finding that the
claimant's subjective complaints about the intensity, persistence
and limiting effects of her pain are not credible.
asserts

that

the

ALJ

erred

when,

in

making

the

Plaintiff
credibility

determination, it failed to follow the requirements set out in
Polaski v. Heckler, 751 F.3d 943 (8th Cir. 1984).
2.

In

Polaski,

the

Eighth

Circuit

set

out

the

proper

analysis that courts should follow when evaluating subjective
complaints of pain.

Specifically, the court held the ALJ must

consider "the claimant's prior work history; daily activities;
duration, frequency, and intensity of pain; dosage, effectiveness
and side effects of medication; precipitating and aggravating
factors; and functional restrictions."

Jones v. Astrue, 619 F.3d

963, 975 (8th Cir. 2010) (internal citations omitted).

The ALJ is

not required to discuss each Polaski factor "as long as [he or she]
acknowledges
claimant's

and

considers

subjective

omitted).

The

court

the

factors

complaints."
should

defer

before

Id.
to

discounting

(internal

the

ALJ's

a

citations
finding

of

credibility "as long as the ALJ explicitly discredits a claimant's
testimony and gives good reason for doing so."

Schultz v. Astrue,

479 F.3d 979, 983 (8th Cir. 2007)(internal quotation omitted).
3.

Here, while the ALJ did not directly cite Polaski, which

is the Eighth Circuit's preference, the ALJ cited and conducted an
analysis pursuant to 20 C.F.R. § 416.929, which mirrors in large
part the Polaski factors.

See Schultz, 479 F.3d at 983.

Further,

the ALJ thoroughly reviewed and discussed plaintiff's medical
records and the opinion evidence offered.

The ALJ also considered

the numerous daily activities that plaintiff was able to perform
and

her

statements

about

the

pain

she

suffered

and

how

her

subjective complaints about pain were inconsistent with her daily
activities.

The Court finds that the ALJ adequately applied the

Polaski factors.

See Schultz 479 F.3d at 983 (concluding that ALJ

properly considered the Polaski factors even though the ALJ did not
cite to Polaski directly).

4.

The Court concludes, after a review of the ALJ's decision

and the Magistrate Judge's Report and Recommendation, that the
ALJ's determination is supported by substantial evidence and,
therefore, the ALJ's decision will be affirmed and the plaintiff's
complaint will be dismissed.
IT IS THEREFORE ORDERED that the defendant's objection is
overruled.
IT IS FURTHER ORDERED that the Magistrate Judge's Report and
Recommendation is adopted in toto.
IT IS FURTHER ORDERED that, for the reasons stated in the
Magistrate Judge's Report and Recommendation, the decision of the
ALJ

is

hereby

affirmed

and

plaintiff's

complaint

is

hereby

dismissed with prejudice.
IT IS SO ORDERED.
/s/Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE