Phelps v. Social Security Administration
Filing
22
MEMORANDUM OPINION - IT IS HEREBY ORDERED that the relief sought by Plaintiff in her Complaint and Brief in Support of Complaint is DENIED; Docs. 1, 17, IT IS FURTHER ORDERED that a separate Judgment, incorporating this Memorandum Opinion, shall be entered in favor of Defendant and against Plaintiff. Signed by Magistrate Judge Mary Ann L. Medler on 7/13/12. (LAH)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PATRICIA PHELPS,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security
Defendant.
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Case No. 4:11CV1362MLM
MEMORANDUM OPINION
This is an action under Title 42 U.S.C. § 405(g) for judicial review of the final decision of
Michael J. Astrue (“Defendant”) denying the applications of Patricia Phelps (“Plaintiff”) for Disability
Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq., and for
Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act, 42 U.S.C. §§
405(g) et seq. Plaintiff filed a Brief in Support of the Complaint. Doc. 17. Defendant filed a Brief
in Support of the Answer. Doc. 21. The parties have consented to the jurisdiction of the undersigned
United States Magistrate Judge pursuant to Title 28 U.S.C. § 636(c)(1). Doc. 8.
I.
PROCEDURAL HISTORY
Plaintiff filed applications for benefits on December 21, 2007, alleging a disability onset date
of March 15, 2007. Tr. 97-105. Her applications were denied and she filed a request for a hearing
before an Administrative Law Judge (“ALJ”). Tr. 57-66. A hearing was held before an ALJ on
August 25, 2009. Tr. 20-51. By decision, dated October 28, 2009, the ALJ found Plaintiff not
disabled through the date of the decision. Tr. 10-19. The Appeals Council denied Plaintiff’s Request
for Review. Tr. 1-9. As such, the decision of the ALJ stands as the final decision of the Commissioner.
II.
LEGAL STANDARDS
Under the Social Security Act, the Commissioner has established a five-step process for
determining whether a person is disabled. 20 C.F.R. §§ 416.920, 404.1529. “‘If a claimant fails to
meet the criteria at any step in the evaluation of disability, the process ends and the claimant is
determined to be not disabled.’” Goff v. Barnhart, 421 F.3d 785, 790 (8th Cir. 2005) (quoting
Eichelberger v. Barnhart, 390 F.3d 584, 590-91 (8th Cir. 2004)). In this sequential analysis, the
claimant first cannot be engaged in “substantial gainful activity” to qualify for disability benefits. 20
C.F.R. §§ 416.920(b), 404.1520(b). Second, the claimant must have a severe impairment. 20 C.F.R.
§§ 416.920(c), 404.1520(c).
The Social Security Act defines “severe impairment” as “any
impairment or combination of impairments which significantly limits [claimant’s] physical or mental
ability to do basic work activities.” Id. “The sequential evaluation process may be terminated at step
two only when the claimant’s impairment or combination of impairments would have no more than
a minimal impact on [his or] her ability to work.” Page v. Astrue, 484 F.3d 1040, 1043 (8th Cir.
2007) (quoting Caviness v. Massanari, 250 F.3d 603, 605 (8th Cir. 2001) (citing Nguyen v. Chater,
75 F.3d 429, 430-31 (8th Cir. 1996))).
Third, the ALJ must determine whether the claimant has an impairment which meets or equals
one of the impairments listed in the Regulations. 20 C.F.R. §§ 416.920(d), 404.1520(d); pt. 404,
subpt. P, app. 1. If the claimant has one of, or the medical equivalent of, these impairments, then the
claimant is per se disabled without consideration of the claimant’s age, education, or work history.
Id.
Fourth, the impairment must prevent the claimant from doing past relevant work. 20 C.F.R.
§§ 416.920(f), 404.1520(f). The burden rests with the claimant at this fourth step to establish his or
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her Residual Functional Capacity (RFC). Steed v. Astrue, 524 F.3d 872, 874 n.3 (8th Cir. 2008)
(“Through step four of this analysis, the claimant has the burden of showing that she is disabled.”);
Eichelberger, 390 F.3d at 590-91; Masterson v. Barnhart, 363 F.3d 731, 737 (8th Cir. 2004); Young
v. Apfel, 221 F.3d 1065, 1069 n.5 (8th Cir. 2000). The ALJ will review a claimant’s RFC and the
physical and mental demands of the work the claimant has done in the past. 20 C.F.R. § 404.1520(f).
Fifth, the severe impairment must prevent the claimant from doing any other work. 20 C.F.R.
§§ 416.920(g), 404.1520(g). At this fifth step of the sequential analysis, the Commissioner has the
burden of production to produce evidence of other jobs in the national economy that can be
performed by a person with the claimant’s RFC. Steed, 524 F.3d at 874 n.3; Young, 221 F.3d at 1069
n.5. If the claimant meets these standards, the ALJ will find the claimant to be disabled. “The
ultimate burden of persuasion to prove disability, however, remains with the claimant.” Id. See also
Harris v. Barnhart, 356 F.3d 926, 931 n.2 (8th Cir. 2004) (citing 68 Fed. Reg. 51153, 51155 (Aug.
26, 2003)); Stormo v. Barnhart, 377 F.3d 801, 806 (8th Cir. 2004) (“The burden of persuasion to
prove disability and to demonstrate RFC remains on the claimant, even when the burden of
production shifts to the Commissioner at step five.”); Charles v. Barnhart, 375 F.3d 777, 782 n.5 (8th
Cir. 2004) (“[T]he burden of production shifts to the Commissioner at step five to submit evidence
of other work in the national economy that [the claimant] could perform, given her RFC.”).
Even if a court finds that there is a preponderance of the evidence against the ALJ’s decision,
that decision must be affirmed if it is supported by substantial evidence. Clark v. Heckler, 733 F.2d
65, 68 (8th Cir. 1984). “Substantial evidence is less than a preponderance but is enough that a
reasonable mind would find it adequate to support the Commissioner’s conclusion.” Krogmeier v.
Barnhart, 294 F.3d 1019, 1022 (8th Cir. 2002). See also Cox v. Astrue, 495 F.3d 614, 617 (8th Cir.
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2007). In Bland v. Bowen, 861 F.2d 533, 535 (8th Cir. 1988), the Eighth Circuit Court of Appeals
held:
[t]he concept of substantial evidence is something less than the weight of the
evidence and it allows for the possibility of drawing two inconsistent
conclusions, thus it embodies a zone of choice within which the Secretary may
decide to grant or deny benefits without being subject to reversal on appeal.
See also Lacroix v. Barnhart, 465 F.3d 881, 885 (8th Cir. 2006) (“[W]e may not reverse merely
because substantial evidence exists for the opposite decision.”) (quoting Johnson v. Chater, 87 F.3d
1015, 1017 (8th Cir. 1996)); Hartfield v. Barnhart, 384 F.3d 986, 988 (8th Cir. 2004) (“[R]eview of
the Commissioner’s final decision is deferential.”).
It is not the job of the district court to re-weigh the evidence or review the factual record de
novo. Cox, 495 F.3d at 617; Guilliams v. Barnhart, 393 F.3d 798, 801 (8th Cir. 2005); McClees v.
Shalala, 2 F.3d 301, 302 (8th Cir. 1993); Murphy v. Sullivan, 953 F.2d 383, 384 (8th Cir. 1992).
Instead, the district court must simply determine whether the quantity and quality of evidence is
enough so that a reasonable mind might find it adequate to support the ALJ’s conclusion. Davis v.
Apfel, 239 F.3d 962, 966 (8th Cir. 2001) (citing McKinney v. Apfel, 228 F.3d 860, 863 (8th Cir.
2000)). Weighing the evidence is a function of the ALJ, who is the fact-finder. Benskin v. Bowen,
830 F.2d 878, 882 (8th Cir. 1987). See also Onstead v. Sullivan, 962 F.2d 803, 804 (8th Cir. 1992)
(holding that an ALJ’s decision is conclusive upon a reviewing court if it is supported by “substantial
evidence”). Thus, an administrative decision which is supported by substantial evidence is not subject
to reversal merely because substantial evidence may also support an opposite conclusion or because
the reviewing court would have decided differently. Krogmeier, 294 F.3d at 1022. See also
Eichelberger, 390 F.3d at 589; Nevland v. Apfel, 204 F.3d 853, 857 (8th Cir. 2000) (quoting Terrell
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v. Apfel, 147 F.3d 659, 661 (8th Cir. 1998)); Hutsell v. Massanari, 259 F.3d 707, 711 (8th Cir. 2001).
To determine whether the Commissioner’s final decision is supported by substantial evidence,
the Court is required to review the administrative record as a whole and to consider:
(1) Findings of credibility made by the ALJ;
(2) The education, background, work history, and age of the claimant;
(3) The medical evidence given by the claimant’s treating physicians;
(4) The subjective complaints of pain and description of the claimant’s
physical activity and impairment;
(5) The corroboration by third parties of the claimant’s physical impairment;
(6) The testimony of vocational experts based upon proper hypothetical
questions which fairly set forth the claimant’s physical impairment; and
(7) The testimony of consulting physicians.
Brand v. Sec’y of Dep’t of Health, Educ. & Welfare, 623 F.2d 523, 527 (8th Cir. 1980); Cruse v.
Bowen, 867 F.2d 1183, 1184-85 (8th Cir. 1989).
Additionally, an ALJ’s decision must comply “with the relevant legal requirements.” Ford v.
Astrue, 518 F.3d 979, 981 (8th Cir. 2008).
The Social Security Act defines disability as the “inability to engage in any substantial gainful
activity by reason of any medically determinable physical or mental impairment which can be expected
to result in death or has lasted or can be expected to last for a continuous period of not less than 12
months.” 42 U.S.C. § 416(i)(1)(A); 42 U.S.C. § 423(d)(1)(A).
“While the claimant has the burden of proving that the disability results from a medically
determinable physical or mental impairment, direct medical evidence of the cause and effect
relationship between the impairment and the degree of claimant’s subjective complaints need not be
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produced.” Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984). When evaluating evidence of
pain, the ALJ must consider:
(1) the claimant’s daily activities;
(2) the subjective evidence of the duration, frequency, and intensity of the
claimant’s pain;
(3) any precipitating or aggravating factors;
(4) the dosage, effectiveness, and side effects of any medication; and
(5) the claimant’s functional restrictions.
Baker v. Sec’y of Health & Human Servs., 955 F.2d. 552, 555 (8th Cir. 1992); Polaski, 739 F.2d at
1322. The absence of objective medical evidence is just one factor to be considered in evaluating the
plaintiff’s credibility. Id. The ALJ must also consider the plaintiff’s prior work record, observations
by third parties and treating and examining doctors, as well as the plaintiff’s appearance and
demeanor at the hearing. Polaski, 739 F.2d at 1322; Cruse, 867 F.2d at 1186.
The ALJ must make express credibility determinations and set forth the inconsistencies in the
record which cause him to reject the plaintiff’s complaints. Guilliams, 393 F.3d at 801; Masterson,
363 F.3d at 738; Lewis v. Barnhart, 353 F.3d 642, 647 (8th Cir. 2003); Hall v. Chater, 62 F.3d 220,
223 (8th Cir. 1995). It is not enough that the record contains inconsistencies; the ALJ must
specifically demonstrate that he considered all of the evidence. Robinson v. Sullivan, 956 F.2d 836,
841 (8th Cir. 1992); Butler v. Sec’y of Health & Human Servs., 850 F.2d 425, 429 (8th Cir. 1988).
The ALJ, however, “need not explicitly discuss each Polaski factor.” Strongson v. Barnhart, 361 F.3d
1066, 1072 (8th Cir. 2004). See also Steed, 524 F.3d at 876 (citing Lowe v. Apfel, 226 F.3d 969,
972 (8th Cir. 2000)). The ALJ need only acknowledge and consider those factors. Id. Although
credibility determinations are primarily for the ALJ and not the court, the ALJ’s credibility assessment
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must be based on substantial evidence. Rautio v. Bowen, 862 F.2d 176, 179 (8th Cir. 1988);
Millbrook v. Heckler, 780 F.2d 1371, 1374 (8th Cir. 1985).
RFC is defined as what the claimant can do despite his or her limitations, 20 C.F.R. §
404.1545(a)(1), and includes an assessment of physical abilities and mental impairments. 20 C.F.R.
§ 404.1545(b)-(e). The Commissioner must show that a claimant who cannot perform his or her past
relevant work can perform other work which exists in the national economy. Karlix v. Barnhart, 457
F.3d 742, 746 (8th Cir. 2006); Nevland, 204 F.3d at 857 (citing McCoy v. Schweiker, 683 F.2d 1138,
1146-47 (8th Cir. 1982) (en banc)). The Commissioner must first prove that the claimant retains the
RFC to perform other kinds of work. Goff, 421 F.3d at 790; Nevland, 204 F.3d at 857. The
Commissioner has to prove this by substantial evidence. Warner v. Heckler, 722 F.2d 428, 431 (8th
Cir. 1983). Second, once the plaintiff’s capabilities are established, the Commissioner has the burden
of demonstrating that there are jobs available in the national economy that can realistically be
performed by someone with the plaintiff’s qualifications and capabilities. Goff, 421 F.3d at 790;
Nevland, 204 F.3d at 857.
To satisfy the Commissioner’s burden, the testimony of a vocational expert (VE) may be used.
An ALJ posing a hypothetical to a VE is not required to include all of a plaintiff’s limitations, but only
those which he finds credible. Goff, 421 F.3d at 794 (“[T]he ALJ properly included only those
limitations supported by the record as a whole in the hypothetical.”); Rautio, 862 F.2d at 180. Use
of the Medical-Vocational Guidelines is appropriate if the ALJ discredits the plaintiff’s subjective
complaints of pain for legally sufficient reasons. Baker v. Barnhart, 457 F.3d 882, 894-95 (8th Cir.
2006); Carlock v. Sullivan, 902 F.2d 1341, 1343 (8th Cir. 1990); Hutsell v. Sullivan, 892 F.2d 747,
750 (8th Cir. 1989).
III.
DISCUSSION
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The issue before the court is whether substantial evidence supports the Commissioner’s final
determination that Plaintiff was not disabled. Onstead, 962 F.2d at 804. Thus, even if there is
substantial evidence that would support a decision opposite to that of the Commissioner, the court
must affirm his decision as long as there is substantial evidence in favor of the Commissioner’s
position. Cox, 495 F.3d at 617; Krogmeier, 294 F.3d at 1022.
Plaintiff testified at the hearing that she completed the tenth grade; that she lived with her son
and his girlfriend and that they took care of her; that she last worked in 2007 as a day care worker;
that she did not report her income in 2007; that she stopped working as a day care worker because
her body got to the point where she could not take care of the children; that she had three screws and
three staples put in her right foot in 2004; that at the time of the hearing she could not work because
of fibromyalgia; that due to fibromyalgia she had “needles come up in [her] feet” from her waist down
to her toes and had knives “slicing [her] up and down”; and that she had problems with her sciatic
nerve and “DJD” in her lower back. Tr. 25-29. Plaintiff further testified that, “besides the unexpected
fibromyalgia, [she] never know[s] when it’s going to hit [her]. It [could] be in [her] collar bone. It
[goes] down [her] arms, up to [her] arms, down [her] legs, [and] up [her] legs. It just, wherever it
wants to go, that’s where it goes.” Tr. 29. Plaintiff also testified that she had “ischemia” disease in
the right side of her head. Tr. 29-30.
The ALJ found that Plaintiff had not engaged in substantial gainful employment since March
15, 2007; that she had the severe impairments of degenerative disc disease, history of right ankle
fusion and plantar fasciitis, degenerative joint disease, possible fibromyalgia, and chronic obstructive
pulmonary disease (COPD); that Plaintiff did not have an impairment or combination of impairments
which met or equaled a listed impairment; that Plaintiff’s medically determinable impairments could
reasonably be expected to cause some of her alleged symptoms; that Plaintiff’s statements regarding
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the intensity, persistence, and limiting effects of her symptoms were not fully credible; that there were
inconsistencies between the results of a investigation by Cooperative Disability Investigations Unit
(CDI) and Plaintiff’s allegations; that Plaintiff had the RFC to perform light work, except that she
could not climb ladders, ropes or scaffolds and could only occasionally climb ramps and stairs, could
only occasionally balance stoop, kneel crouch, and crawl, and must avoid concentrated exposure to
pulmonary irritants and industrial hazards; that Plaintiff was capable of performing her past relevant
work as a child care provider; and that, therefore, Plaintiff was not disabled within the meaning of the
Act.
Plaintiff contends that the ALJ’s decision is not supported by substantial evidence because the
ALJ did not adequately describe Plaintiff’s medically determinable impairments; because the Appeals
Council did not address new evidence indicating Plaintiff had significant dementia and severe
headaches; because the ALJ failed to point to any medical evidence to document his RFC
determination; because the ALJ failed to provide a legally sufficient reason for discrediting Plaintiff’s
complaints of severe headaches; because the ALJ posed a flawed hypothetical to the VE; because the
ALJ’s “mere conclusory statement” that Plaintiff could perform her past relevant work was
insufficient; and because the ALJ made no findings regarding the mental demands of Plaintiff’s past
relevant work either as she performed it or as it is normally performed.
A.
Plaintiff’s Credibility:
The court will first consider the ALJ’s credibility determination, as the ALJ’s evaluation of
Plaintiff’s credibility was essential to the ALJ’s determination of other issues, including Plaintiff’s
RFC. See Wildman v. Astrue, 596 F.3d 959, 969 (8th Cir. 2010) (“[The plaintiff] fails to recognize
that the ALJ's determination regarding her RFC was influenced by his determination that her
allegations were not credible.”) (citing Tellez v. Barnhart, 403 F.3d 953, 957 (8th Cir. 2005)); 20
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C.F.R. §§ 404.1545, 416.945 (2010). As set forth more fully above, the ALJ’s credibility findings
should be affirmed if they are supported by substantial evidence on the record as a whole; a court
cannot substitute its judgment for that of the ALJ. Guilliams, 393 F.3d at 801; Hutsell, 892 F.2d at
750; Benskin, 830 F.2d at 882. To the extent that the ALJ did not specifically cite Polaski, case law,
and/or Regulations relevant to a consideration of Plaintiff’s credibility, this is not necessarily a basis
to set aside an ALJ’s decision where the decision is supported by substantial evidence. Randolph v.
Barnhart, 386 F.3d 835, 842 (8th Cir. 2004); Wheeler v. Apfel, 224 F.3d 891, 895 n.3 (8th Cir.
2000); Reynolds v. Chater, 82 F.3d 254, 258 (8th Cir. 1996); Montgomery v. Chater, 69 F.3d 273,
275 (8th Cir. 1995). Additionally, an ALJ need not methodically discuss each Polaski factor if the
factors are acknowledged and examined prior to making a credibility determination; where adequately
explained and supported, credibility findings are for the ALJ to make. See Lowe v. Apfel, 226 F.3d
969, 972 (8th Cir. 2000). See also Tucker v. Barnhart, 363 F.3d 781, 783 (8th Cir. 2004) (“The ALJ
is not required to discuss each Polaski factor as long as the analytical framework is recognized and
considered.”); Strongson, 361 F.3d at 1072; Brown v. Chater, 87 F.3d 963, 966 (8th Cir. 1996). In
any case, “[t]he credibility of a claimant’s subjective testimony is primarily for the ALJ to decide, not
the courts.” Pearsall v. Massanari, 274 F.3d 1211, 1218 (8th Cir. 2001). “If an ALJ explicitly
discredits the claimant’s testimony and gives good reason for doing so, [a court] will normally defer
to the ALJ’s credibility determination.” Gregg v. Barnhart, 354 F.3d 710, 714 (8th Cir. 2003). See
also Halverson v. Astrue, 600 F.3d 922, 932 (8th Cir. 2010); Cox v. Barnhart, 471 F.3d 902, 907
(8th Cir. 2006). For the following reasons, the court finds that the reasons offered by the ALJ in
support of his credibility determination are based on substantial evidence.
First, the ALJ considered inconsistencies in the record. In this regard, the ALJ considered
that Plaintiff testified that she could no longer work due to pain; that she did not have the strength
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to open baby food jars or sippy cups; that she could not bend over playpens or carry small children;
that she had pain in her hips, legs, and back; and that she found it difficult to walk. Tr. 17. As also
considered by the ALJ, Plaintiff testified that she used a walker to get to the hearing and that she used
a walker at home. She further testified that she could walk “15, 20 feet” and that she could stand for
“maybe five minutes.” Tr. 32. The ALJ considered that Plaintiff was the subject of an investigation
by the CDI and that the investigation report noted that Plaintiff said she had severe difficulties
walking and sitting; that she needed to use a walker on a daily basis; and that she spent most of her
time in bed.1 Tr. 17. The ALJ also considered that Elbert H.Cason, M.D., reported that Plaintiff did
not drive. Tr. 18. The court notes that Plaintiff stated on a Missouri Supplemental Questionnaire that
she was not able to drive; that, when she did drive, she drove to church; and that she left her home,
“when able,” to go to the doctors or to church. Tr. 133-34.
Nonetheless, as considered by the ALJ, the CDI report states that Plaintiff was observed
getting into her car and driving to a convenience store; that she appeared to walk without difficulty
and without a walker; that she was observed walking into a clinic without the assistance of her son
who drove her there; that she was observed while she shopped in a dollar discount store; that, while
shopping, she walked up and down the aisles of the store, picking out various items to purchase; that
she was observed walking “confidently and standing in the checkout line for several minutes without
difficulties” that she did not use a cart in the store and carried the items she purchased; and that
Plaintiff’s son, who drove her to the store, did not accompany her inside to help her shop. Tr. 17-18.
Additionally, the ALJ considered that Plaintiff was not observed having difficulty with her hands; that
she opened her own car door and carried her purchases; that she used her key to unlock her house
1
Plaintiff was investigated because her statements on a claimant questionnaire were
not consistent with her complaints to her treating doctors and because she did not start seeing a
treating doctor until she “decided to apply for disability.” Tr. 265.
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door; and that she was not observed having any difficulties walking. Tr. 18. The court notes that the
CDI report also states that Plaintiff was observed getting into an SUV and going to a gas station
where Plaintiff walked from the car to the convenience store, stood for a short time in front of the
store after exiting and talked, and then walked back to the SUV. The report states that, during this
time, Plaintiff did not use an assistive device nor did she appear to need assistance to ambulate; that
Plaintiff was observed stepping up to the curb from the driveway onto the sidewalk; that, when
Plaintiff was driven to the doctor’s office by her son, she was observed walking up the steps to enter
her house without difficulty. Tr. 267-68. The CDI reported further states that Plaintiff “never
appeared to have difficulty walking and that she did “not appear to be an individual who had
limitations or had any difficulty ambulating.” Tr. 268-69. Significantly, Plaintiff was observed on
three different days. The ALJ concluded that the observations, as noted in the CDI report, detracted
from Plaintiff’s credibility. Additionally, the ALJ considered that the CDI report noted that Plaintiff
said that she was very dependent on her son’s fiancée’s for all aspects of her daily living needs. The
ALJ noted, however, that the son’s fiancée, herself, was currently receiving disability benefits due to
depression and a bad back. Tr. 17-18, 26-27. Moreover, Dr. Cason reported that Plaintiff said she
was prescribed a walker by a doctor. Tr. 276. When Plaintiff applied for disability, however, she
reported that she used a friend’s walker. Tr. 130. At the hearing Plaintiff admitted that no physician
had prescribed a walker. The court finds that the ALJ’s decision regarding the inconsistences in the
record is supported by substantial evidence and that it is consistent with the regulations and case law.
See Eichelberger, 290 F.3d at 589 (“We have been careful to explain that an ALJ may disbelieve a
claimant’s subjective reports of pain because of inconsistencies or other circumstances.”).
Second, when Plaintiff was interviewed by Sandra Carusa, Ph.D., Plaintiff said that she was
still watching children, although she was not left alone with them. Tr. 702. Also, despite Plaintiff’s
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telling Dr. Feen, on October 20, 2008, that she had headaches for five years, she had worked during
much of that period. Tr. 27, 425. “Acts which are inconsistent with a claimant’s assertion of disability
reflect negatively upon that claimant’s credibility.” Johnson v. Apfel, 240 F.3d 1145, 1148 (8th Cir.
2001). “Working generally demonstrates an ability to perform a substantial gainful activity.” Goff,
421 F.3d at 792 (citing Nabor v. Shalala, 22 F.3d 186, 188-89 (8th Cir. 1994)). 20 C.F.R. §
404.1574(a) provides that if a claimant has worked, the Commissioner should take this into
consideration when determining if the claimant is able to engage in substantial gainful activity. When
a claimant has worked with an impairment, the impairment cannot be considered disabling without
a showing that there has been a significant deterioration in that impairment during the relevant period.
See Dixon v. Sullivan, 905 F.2d 237, 238 (8th Cir. 1990). See also Van Vickle v. Astrue, 539 F.3d
825, 830 (8th Cir. 2008) (“[D]espite suffering from what she calls “extreme fatigue,” Van Vickle
continued working for over four years.”).
Third, as considered by the ALJ, Plaintiff admitted at the hearing that she did not report
income she received while working as a day care worker in 2006 and 2007. Tr. 18, 27.
Fourth, medical records are inconsistent with Plaintiff’s complaint of cognitive problems and
a mental impairment.2 Plaintiff testified that she was told she had “long-term memory loss” by a
doctor. Tr. 30. In her function report, Plaintiff indicated that she did not have difficulty following
2
To the extent that the ALJ and/or the Appeals Council did not specifically address
records relevant to Plaintiff’s complaint of a mental impairment as well as her complaint of
physical impairments, this failure does not suggest that this aspect of Plaintiff’s claim was not
considered. See Wheeler v. Apfel, 224 F.3d 891, 896 n.3 (8th Cir. 2000) (citing Black v. Apfel,
143 F.3d 383, 386 (8th Cir. 1998) (holding that an ALJ is not required to discuss every piece of
evidence submitted and that an “ALJ’s failure to cite specific evidence does not indicate that such
evidence was not considered”). Such a failure by the ALJ and/or the Appeals Council does not
require reversal in this matter because the record supports the Commissioner’s overall conclusion.
See Karlix v. Barnhart, 457 F.3d 742, 746 (8th Cir.2006) (citing Pepper ex rel. Gardner v.
Barnhart, 342 F.3d 853, 855 (8th Cir. 2003)).
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written or verbal instructions and that she did not need to be reminded to complete chores. Tr. 135.
Eliahu Feen, M.D., reported, pursuant to a neurological examination, on October 20, 2008, that
Plaintiff said she had difficulty remembering things for the past several years and that her memory
problem had “been stable.” Tr. 425. Dr. Feen also reported that, upon examination, Plaintiff’s
memory was “3/3 at one and five minutes”; that she had a “good fund of knowledge”; that she was
able to “follow three step commands easily”; and that she was unable to name the president before
President Clinton. Tr. 427. Dr. Feen opined that Plaintiff had “no clear memory disorder” and that
“[p]erhaps she ha[d] cognitive slowing,” which may [be] secondary to her medications. Tr. 428
(emphasis added). When Plaintiff saw Dr. Feen on January 7, 2009, Dr. Feen reported that she was
accompanied by her son’s fiancée, who reported “further detail about the memory difficulties,”
including that, “in addition to forgetting events throughout the day,” Plaintiff forgot where she left
things and occasionally got lost while driving “on well-known routes and need[ed] to request
information from passengers in the car to direct her further.” Tr. 432. Upon conducting a mental
status exam, however, Dr. Feen reported that Plaintiff’s score was 28 out of 30. Scores of 24 or
higher reflect normal functioning. See Karen S. Santacruz, M.D., & Daniel Swagerty, M.D., Early
Diagnosis of Dementia, 63 American Family Physician 703-14 (2001). As such, to the extent Dr.
Feen relied on the fiancée’s reporting, this reporting is inconsistent with Dr. Feen’s diagnostic testing.
See Social Security Regulation (“SSR”) 96-2p, 1996 WL 374188, at *2 (S.S.A. July 2, 1996) (“[It]
is an error to give an opinion controlling weight simply because it is the opinion of a treating source
if it is not well-supported by medically acceptable clinical and laboratory diagnostic techniques or if
it is inconsistent with other substantial evidence in the case record.”). Further, Dr. Feen referred
Plaintiff for cognitive testing with Dr. Carusa. Dr. Carusa saw Plaintiff on July 2, 2010, and observed
that Plaintiff was “somewhat disinterested during testing”; that she wore dark glasses during testing
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despite Dr. Carusa’s suggesting that she might benefit from using her reading glasses; that test effort
indicators were “below normal limits suggesting that [Plaintiff’s] effort may have varied”; that this
may have been due to “a multitude of causes including medication effects, motivation, and normal
variance”; and that Dr. Carusa’s current assessment may, therefore, “exaggerate cognitive
difficulties.” Tr. 702. Dr. Carusa did report that test results showed Plaintiff’s attention was “severely
impaired at less than the 1st percentile”; that Plaintiff had average ability to complete mental
computation; that Plaintiff was fully oriented; that Plaintiff’s conversational speech was normal for
cadence and fluency; that Plaintiff’s immediate recall of a story was severely impaired and delayed
recall was mildly impaired; that she was moderately impaired in regard to initial learning of lists; that
her visual memory was high average; and that Plaintiff’s verbal reasoning was mildly impaired. Dr.
Carusa opined that “present neuropsychological results reflect[ed] numerous impairments and
decreases in scores over testing in 2009”; that, “[h]owever, [Plaintiff’s] performance [was]
inconsistent”; that an example of these inconsistencies was Plaintiff’s “scores reflecting decreases and
significant impairments in tasks of attention but improved and average functioning mental
computation”; another example of the inconsistences was Plaintiff’s doing “relatively well on free
recall but severely impaired on forced choice of the same material”; and that Plaintiff’s “variable effort
[made] interpretation of the assessment difficult.” Tr. 702-704. An ALJ may discredit a claimant’s
subjective complaints where there are inconsistencies in the record and may give more weight to the
medical records than to a claimant’s testimony. See Orrick v. Sullivan, 966 F.2d 368, 372 (8th Cir.
1992); Russell v. Sullivan, 950 F.2d 542, 545 (8th Cir. 1991); Edwards v. Sec’y of Health & Human
Servs., 809 F.2d 506, 508 (8th Cir. 1987). As such, to the extent Plaintiff asserts that the ALJ
improperly discredited her allegation that she had a severe cognitive or mental condition, the court
15
finds that substantial evidence supports the ALJ’s conclusion that Plaintiff did not suffer a severe
mental or cognitive or mental condition.
Fifth, the ALJ considered that objective medical evidence did not support Plaintiff’s allegation
of disabling pain. Tr. 16-18. In particular, the ALJ considered that there was “really no evidence of
fibromyalgia” and that there was no evidence of positive trigger points or of problems with Plaintiff’s
upper extremities or use of her hands. Tr. 17. The court notes that on multiple occasions, it was noted
that Plaintiff did not have tenderness on examination. Tr. 471, 480, 496, 555, 584, 688. Indeed, to
be diagnosed with fibromyalgia, a patient must have at least 11 out of 18 tender spots. See The
Merck Manual 1370 (16th ed. 1992). Also, the court notes that Plaintiff was observed to have
normal and/or steady gait on numerous occasions (Tr. 319, 428, 448, 471, 473, 480, 496, 613, 689,
694); that a November 6, 2007 x-ray of the lumbar spine showed no fracture, no spondyloysis or
spondylolisthesis, no blastic or lytic lesions, and degenerative changes at L4-5 (Tr. 171); that Dr.
Cason reported on March 12, 2008, that Plaintiff had decreased range of motion in her back and
neck, no muscle spasm, slow gait, normal hip and ankle motion, 4/5 strength in the lower extremity
muscles, normal grip strength and fine finger motions, and no neurological abnormality, including
sensory of reflex deficits (Tr. 275-82); that a February 17, 2009 MRI showed that vertebral body
height and bone marrow signal were within normal limits, the cervical spinal cord was within normal
limits, no canal or neural foraminal stenosis and four levels, no significant canal or neural foraminal
stenosis and one level, and mild-broad-based disc bulge at one level (Tr. 463); and that on numerous
occasions through July 8, 2010, Plaintiff’s motor and sensory functioning was reported to be intact
(Tr. 428, 433, 480, 496, 555, 584, 613, 689). Significantly, as recently as March 27, 2010, Plaintiff
had normal ROM in all four extremities, normal distal pulses, her extremities were non-tender to
palpation, and she had no edema. Tr. 584-85. It is proper for an ALJ to consider the absence of
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objective medical evidence to support a claimant’s complaints although the ALJ may not discount a
claimant's subjective complaints solely because they are unsupported by objective medical evidence.
Halverson v. Astrue, 600 F.3d 922, 932 (8th Cir. 2010) (citing Mouser v. Astrue, 545 F.3d 634, 638
(8th Cir.2008)). See also Constock v. Chater, 91 F.3d 1143, 1147 (8th Cir. 1996) (citing Smith v.
Shalala, 987 F.2d 1371, 1374 (8th Cir.1993) (holding that an ALJ properly discounted a claimant’s
complaints of pain when the medical evidence failed to establish a significant back problem). The
court finds that the ALJ’s consideration of the medical evidence relevant to Plaintiff’s claim that she
is disabled due to physical conditions, including degenerative disc disease, history of right ankle fusion
and plantar fasciitis, degenerative joint disease, and possible fibromyalgia, is supported by substantial
evidence and that it is consistent with the regulations and case law.
Sixth, as considered by the ALJ, despite Plaintiff’s allegation that she was disabled due to
COPD, Plaintiff continued to smoke cigarettes. Tr. 16, 33, 223, 479, 496. Plaintiff testified that she
knew she could quit smoking. Tr. 33. Additionally, Plaintiff was counseled to stop smoking and
techniques and options to help Plaintiff quit were discussed with her. Tr. 479, 496, 500, 505-506,
584, 671. In fact, on March 27, 2010, when Plaintiff presented to an emergency room with neck
discomfort and a productive cough, it was reported that Plaintiff “reek[ed] of cigarette smoke.” Tr.
584. A lack of desire to improve one's ailments by failing to follow suggested medical advice detracts
from a claimant's credibility. See Johnson v. Bowen, 866 F.2d 274, 275 (8th Cir. 1989) (holding that
an ALJ can discredit subjective complaints of pain based on claimant's failure to follow prescribed
course of treatment). Additionally, subjective complaints of pain may be discredited where a claimant
ceases to stop smoking upon a doctor’s advice. See Wheeler v. Apfel, 224, F.3d 891, 895 (8th Cir.
1996) (citing Kisling v. Chater, 105 F.3d 1255, 1257 (8th Cir. 1997)) (holding that impairments
which are controllable or amendable to treatment including certain respiratory problems, do no
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support a finding of disability, and failure to follow a prescribed course of remedial treatment,
including cessation of smoking, without good reason is grounds for denying an application for
benefits). The court finds that the ALJ’s decision, in this regard, is supported by substantial evidence
and that it is consistent with the regulations and case law.
Seventh, when Plaintiff presented to SSM DePaul Health Center, it was reported that she had
osteoarthritis, and that among other things, regular low impact exercise such as walking, biking, and
swimming would help keep her muscles strong and that stretching would help maintain range of
motion. It was also noted that local heat therapy would help improve motion. Tr. 375. Also, on
October 20, 2008, Dr. Feen recommended only that Plaintiff take aspirin for the headaches she had
been having for the past five years. Tr. 428. Conditions which can be controlled by treatment are not
disabling. See Davidson v. Astrue, 578 F.3d 838, 846 (8th Cir. 2009); Medhaug v. Astrue, 578 F.3d
805, 813 (8th Cir. 2009); Schultz v. Astrue, 479 F.3d 979, 983 (8th Cir. 2007) (holding that if an
impairment can be controlled by treatment, it cannot be considered disabling); Estes v. Barnhart, 275
F.3d 722, 725 (8th Cir. 2002); Murphy, 953 F.2d 383, 384 (8th Cir. 1992); Warford v. Bowen, 875
F.2d 671, 673 (8th Cir. 1989) (holding that a medical condition that can be controlled by treatment
is not disabling); James for James v. Bowen, 870 F.2d 448, 450 (8th Cir. 1989). Further,
conservative treatment and no surgery are consistent with discrediting a claimant’s allegation of
disabling pain. Black v. Apfel, 143 F.3d 383, 386 (8th Cir. 1998).
Eighth, although Plaintiff contends that she suffered from severe headaches, the record reflects
that she did not complain of any ongoing problem with headaches when she presented for medical
care on January 24, February 7, May 30, July 10, and August 22, 2007, on January 2, April 29, May
14, September 10, and November 4, 2008, or on February 25, 2009. Tr. 182, 184, 189, 192, 342,
345, 347, 350, 355, 382-83, 416, 418. Indeed, as reported by Dr. Feen, Plaintiff had a CT on
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September 16, 2008, which showed evidence of ventriculomegaly but this only raised a “suspicion
of normal pressure hydrocephalus” and was consistent with “mild chronic small vessel eschemic
disease.” Dr. Feen noted that Plaintiff did not have significant change during the five years she
reported having headaches and that she did not have “any other associated symptoms.” He concluded
that there was no clinical evidence of normal pressure hydrocephalus. Tr. 428. Thus, the medical
records are inconsistent with Plaintiff’s claim that she is disabled due to severe headaches. See
Halverson, 600 F.3d at 932; Comstock, 91 F.3d at 1147. As such, the court finds that the ALJ’s
finding that Plaintiff’s did not have a severe impairment resulting from headaches is supported by
substantial evidence and that the ALJ’s determination, in this regard, is consistent with the regulations
and case law.
In conclusion, the court finds that the ALJ’s consideration of Plaintiff’s credibility is based
on substantial evidence and that it is consistent with the regulations and case law.
B.
Plaintiff’s Residual Functional Capacity:
The Regulations define RFC as “what [the claimant] can do” despite his or her “physical or
mental limitations.” 20 C.F.R. § 404.1545(a). “When determining whether a claimant can engage in
substantial employment, an ALJ must consider the combination of the claimant’s mental and physical
impairments.” Lauer v. Apfel, 245 F.3d 700, 703 (8th Cir. 2001). “The ALJ must assess a claimant’s
RFC based on all relevant, credible evidence in the record, ‘including the medical records,
observations of treating physicians and others, and an individual’s own description of his limitations.’”
Tucker v. Barnhart, 363 F.3d 781, 783 (8th Cir. 2004) (quoting McKinney, 228 F.3d at 863). See
also Anderson v. Shalala, 51 F.3d. 777, 779 (8th Cir. 1995). To determine a claimant’s RFC, the ALJ
must move, analytically, from ascertaining the true extent of the claimant’s impairments to
determining the kind of work the claimant can still do despite his or her impairments. Although
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assessing a claimant’s RFC is primarily the responsibility of the ALJ, a “‘claimant's residual functional
capacity is a medical question.’” Lauer, 245 F.3d at 704 (quoting Singh v. Apfel, 222 F.3d 448, 451
(8th Cir. 2000)). The Eighth Circuit clarified in Lauer, 245 F.3d at 704, that “‘[s]ome medical
evidence,’ Dykes v. Apfel, 223 F.3d 865, 867 (8th Cir. 2000) (per curiam), must support the
determination of the claimant's RFC, and the ALJ should obtain medical evidence that addresses the
claimant’s ‘ability to function in the workplace,’ Nevland v. Apfel, 204 F.3d 853, 858 (8th Cir.
2000).”
Thus, an ALJ is “required to consider at least some supporting evidence from a
professional.” Id. See also Vossen v. Astrue, 612 F.3d 1011, 1016 (8th Cir. 2010) (“The ALJ bears
the primary responsibility for determining a claimant's RFC and because RFC is a medical question,
some medical evidence must support the determination of the claimant's RFC.”); Eichelberger, 390
F.3d at 591.
As stated above, the ALJ found that Plaintiff had the RFC to perform light work except that
she could not climb ropes or scaffolds and could only occasionally climb ramps and stairs, could only
occasionally balance stoop, kneel crouch, and crawl, and must avoid concentrated exposure to
pulmonary irritants and industrial hazards. The regulations define light work as ‘involv[ing] lifting
no more than 20 pounds at a time with frequent lifting or carrying of objects up to 10 pounds.” 20
C.F.R. § 404.1567(b). Additionally, “[s]ince frequent lifting or carrying requires being on one’s feet
up to two-thirds of a workday, the full range of light work requires standing or walking, off and on,
for a total of approximately 6 hours of an 8-hour workday.” SSR 83-10, 1983 WL 31251,*6.
First, as required by the Regulations, the ALJ considered the medical evidence, observations
of doctors, and Plaintiff’s own description of her conditions upon determining Plaintiff’s RFC. See
Lauer, 245 F.3d at 703. The court finds that the ALJ’s decision, in this regard, is based on substantial
evidence. Second, a claimant’s RFC need only include her credible limitations. See Tindell v.
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Barnhart, 444 F.3d 1002, 1007 (8th Cir. 2006) (“The ALJ included all of Tindell’s credible limitations
in his RFC assessment, and the ALJ’s conclusions are supported by substantial evidence in the
record.”). Upon determining Plaintiff’s RFC, the ALJ found that Plaintiff was not fully credible. The
court has found above that the ALJ’s credibility determination is based upon substantial evidence.
Third, upon determining Plaintiff’s RFC, the ALJ first identified Plaintiff’s functional
limitations and restrictions, and then assessed her work-related abilities on a function-by-function
basis. See Masterson, 363 F.3d at 737; Harris v. Barnhart, 356 F.3d 926, 929 (8th Cir. 2004). In this
regard, he determined that, although she can perform light work, she can do so only with certain
restrictions as set forth above.
Fourth, to the extent Plaintiff contends that the ALJ’s RFC determination is not consistent
with Singh, 222 F.3d 448, or with Lauer, 245 F.3d 700, Plaintiff is mistaken. In Singh and Lauer, the
Eighth Circuit noted that substantial medical evidence supported the claimant’s allegations. In
Plaintiff’s case, however, as found by the court, the medical evidence is inconsistent with Plaintiff’s
allegations of disabling conditions. Moreover, in both of those cases, the court noted that it remained
a claimant’s burden to provide evidence of disability; Plaintiff in the matter under consideration has
not met this burden.
Fifth, to the extent Plaintiff suggests that a Physician’s Statement for Disabled License
Plates/Placard form which was completed for her in January 2006 establishes that she is disabled, a
physician’s checkmarks on a form are conclusory opinions which can be discounted if contradicted
by other objective medical evidence. See Stormo v. Barnhart, 377 F.3d 801, 805-06 (8th Cir. 2004);
Hogan 239 F.3d at 961; Social Security Ruling 96-2p, (July 2, 1996). Moreover, an ALJ is not
bound by conclusory statements of total disability by a treating physician where the ALJ has identified
good reason for not finding a claimant disabled, as did the ALJ in the matter under consideration. See
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King v. Heckler, 742 F.2d 968, 973 (6th Cir. 1984). In any case, because there is substantial
evidence that Plaintiff’s allegations regarding the severity of her symptoms are not credible and
because the medical evidence does not support Plaintiff’s claims, a physician’s authorizing a handicap
parking placard for Plaintiff is not substantial evidence of disability. See Springfield v. Astrue, 20 WL
985306, at *20 (E.D. Mo. Mar. 15, 2010) (“[E]ven if it could be said that the opinion Dr. Buck
expressed on the parking application was the opinion of a treating source, the ALJ was entitled to
assign it little weight because it was unsupported by Dr. Buck's own treatment records, and with
other medical evidence in the record.”). Additionally, the ALJ’s failure to discuss the authorization
does not require reversal because the ALJ’s decision is supported by substantial evidence. See Karlix,
457 F.3d at 746. In conclusion, the court finds that the ALJ’s RFC determination is based on
substantial evidence and that it is consistent with the regulations and case law.
C.
Plaintiff’s Past Relevant Work:
The ALJ found that Plaintiff can perform her past relevant work as a child are provider. Upon
making this determination the ALJ relied on the testimony of a VE. The VE testified that Plaintiff’s
past relevant work as a day care provider was “light at the lower end of the semi-skilled range.” Tr.
47. The ALJ posed a hypothetical to a VE which described a person of Plaintiff’s age and with
Plaintiff’s education who had the RFC which the ALJ assigned to Plaintiff. The VE responded that
such a person would be able to perform Plaintiff’s past relevant work as a day care provider and that
this testimony was consistent with information contained in the Dictionary of Occupational Titles
(DOT). Tr. 48-19.
20 C.F.R. § 404.1560 states, in regard to a claimant’s ability to perform past
relevant work:
(b) Past relevant work ...
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(2) Determining whether you can do your past relevant work. We will ask you for
information about work you have done in the past. We may also ask other people who
know about your work. (See § 404.1565(b).) We may use the services of vocational
experts or vocational specialists, or other resources, such as the "Dictionary of
Occupational Titles" and its companion volumes and supplements, published by the
Department of Labor, to obtain evidence we need to help us determine whether you
can do your past relevant work, given your residual functional capacity. A vocational
expert or specialist may offer relevant evidence within his or her expertise or
knowledge concerning the physical and mental demands of a claimant's past relevant
work, either as the claimant actually performed it or as generally performed in the
national economy. Such evidence may be helpful in supplementing or evaluating the
accuracy of the claimant's description of his past work. In addition, a vocational
expert or specialist may offer expert opinion testimony in response to a hypothetical
question about whether a person with the physical and mental limitations imposed by
the claimant's medical impairment(s) can meet the demands of the claimant's previous
work, either as the claimant actually performed it or as generally performed in the
national economy.
(3) If you can do your past relevant work. If we find that you have the residual
functional capacity to do your past relevant work, we will determine that you can still
do your past work and are not disabled. We will not consider your vocational factors
of age, education, and work experience or whether your past relevant work exists in
significant numbers in the national economy. ...
An ALJ posing a hypothetical to a VE is not required to include all of a claimant’s limitations,
but only those which he finds credible. Martise, 641 F.3d at 927 (quoting Lacroix v. Barnhart, 465
F.3d 881, 889 (8th Cir.2006)); Guilliams, 393 F.3d at 804 (holding that a proper hypothetical sets
forth impairments supported by substantial evidence and accepted as true by the ALJ); Gilbert v.
Apfel, 175 F.3d 602, 604 (8th Cir. 1999) (“In posing hypothetical questions to a vocational expert,
an ALJ must include all impairments he finds supported by the administrative record.”); Sobania v.
Sec’y of Health, Educ. & Human Servs., 879 F.2d 441, 445 (8th Cir. 1989); Rautio, 862 F.2d at 180
(8th Cir. 1988). The hypothetical is sufficient if it sets forth the impairments which are accepted as
true by the ALJ. Haggard v. Apfel, 175 F.3d 591, 595 (8th Cir. 1999) (holding that the ALJ need not
include additional complaints in the hypothetical not supported by substantial evidence); Hunt v.
Massanari, 250 F.3d 622, 625 (8th Cir. 2001); Roberts v. Heckler, 783 F.2d 110, 112 (8th Cir. 1985).
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The ALJ in the matter under consideration included in the hypothetical he posed to the VE only those
limitations which he found credible. Thus, to the extent Plaintiff asserts that the hypothetical posed
to the VE was improper, Plaintiff is incorrect. Moreover, because this hypothetical question precisely
set forth all of Plaintiff’s impairments and because the court has found that the ALJ’s RFC
determination is supported by substantial evidence, the VE’s testimony constitutes substantial
evidence supporting the ALJ’s decision. Martise, 641 F.3d at 927 (8th Cir. 2011) (“Based on our
previous conclusion ... that ‘the ALJ's findings of [the claimant’s] RFC are supported by substantial
evidence,’ we hold that ‘[t]he hypothetical question was therefore proper, and the VE's answer
constituted substantial evidence supporting the Commissioner’s denial of benefits.’”) (quoting
Lacroix, 465 F.3d at 889; Robson v. Astrue, 526 F.3d 389, 392 (8th Cir. 2008) (holding that a VE’s
testimony is substantial evidence when it is based on an accurately phrased hypothetical capturing the
concrete consequences of a claimant’s limitations); Jones v. Chater, 72 F.3d 81, 82 (8th Cir. 1995)
(holding that where an ALJ’s hypotheticals included all of a claimant’s impairments as supported by
the record, and the VE limited his opinion in this regard, an ALJ properly relies on the VE’s
testimony); Wingert v. Bowen, 894 F.2d 296, 298 (8th Cir. 1990).
Plaintiff argues that the ALJ failed to make explicit findings regarding the mental demands of
her past relevant work. First, the ALJ did not find that Plaintiff had a severe mental impairment and
he did not include a mental impairment in Plaintiff’s RFC. The court has found that the ALJ’s RFC
determination is based on substantial evidence. As such, the ALJ was not required to consider the
mental demands of Plaintiff’s past relevant work as the mental demands of such work were not
relevant as to whether Plaintiff could perform this work. Second, the ALJ relied on the testimony
of the VE whose testimony was consistent with the DOT. See 20 C.F.R. § 404.1560(b)(2). In
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conclusion, the court finds that the ALJ’s determination that Plaintiff can perform her past relevant
work is supported by substantial evidence and that it is consistent with the regulations and case law.
IV.
CONCLUSION
For the reasons set forth above, the court finds that substantial evidence on the record as a
whole supports Commissioner’s decision that Plaintiff is not disabled.
Accordingly,
IT IS HEREBY ORDERED that the relief sought by Plaintiff in her Complaint and Brief
in Support of Complaint is DENIED; Docs. 1, 17,
IT IS FURTHER ORDERED that a separate Judgment, incorporating this Memorandum
Opinion, shall be entered in favor of Defendant and against Plaintiff.
/s/Mary Ann L. Medler
MARY ANN L. MEDLER
UNITED STATES MAGISTRATE JUDGE
Dated this 13th day of July, 2012.
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