Jordan v. Heckler, 86-1658

• Decision Date: 29 December 1987
• Docket Number: No. 86-1658,86-1658
• Citation: 835 F.2d 1314
• Parties: , Unempl.Ins.Rep. CCH 17,808 Raymond JORDAN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 1314

835 F.2d 1314

20 Soc.Sec.Rep.Ser. 158, Unempl.Ins.Rep. CCH 17,808

Raymond JORDAN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services Defendant-Appellee.

No. 86-1658.

United States Court of Appeals Tenth Circuit.

Dec. 29, 1987.

Paul F. McTighe, Jr., Tulsa, Okl., for plaintiff-appellant.

Peter Bernhardt, Asst. U.S. Atty., Tulsa, Okl. (Edwin L. Meese, U.S. Atty. Gen., Washington, D.C., Layn R. Phillips, U.S. Atty., Tulsa, Okl., Gayla Fuller, Chief Counsel, Patrick A. Hudson, Principal Regional Counsel, Social Security Disability Litigation Branch, Karen J. Behner, Asst. Regional Counsel, Office of the General Counsel, U.S. Dept. of Health and Human Services, Dallas, Tex., with him on the brief), for defendant-appellee.

Before SEYMOUR and MOORE, Circuit Judges, and ANDERSON, ^* district judge.

SEYMOUR, Circuit Judge.

Raymond Jordan appeals an order of the district court affirming the decision of the Secretary of Health and Human Services to deny him Social Security disability benefits. Jordan argues that the decision is not supported by substantial evidence because the Administrative Law Judge did not fulfill his duty to elicit all relevant information. We affirm.

Jordan was a fifty-six year old man with a twelfth grade education on the date of a motorcycle accident in August 1983. He had worked for thirty-three years for Yuba Heat Transfer as a machinist, tool crib attendant, and shipping and receiving clerk. Although his injuries were severe, medical evidence suggested no lingering physical disability that prevented him from performing sedentary work. After the Social Security Administration denied him benefits, he sought and received an administrative hearing at which he appeared unrepresented, with his wife and former boss. He and his companions responded competently to the ALJ's questions. A vocational expert also testified. During the hearing, the ALJ provided Jordan with the opportunity to add additional information not yet elicited by questioning.

The ALJ noted that Jordan's physical injuries did not prevent him from performing light or sedentary work; therefore, severe pain was the only possible basis for awarding benefits. Jordan does not dispute this analysis. Finding insufficient medical evidence of disabling pain, and finding Jordan and the other lay witnesses' testimony unconvincing, the ALJ refused to grant benefits. The Appeals Council denied Jordan's request for review. Jordan then filed this complaint. A United States Magistrate issued a recommendation in favor of the Secretary to which Jordan filed objections. The district court adopted the findings of the magistrate, and Jordan appealed.

The crux of this case is whether the ALJ fulfilled his duty to Jordan to elicit all evidence relevant to a benefit decision. Jordan claims that the ALJ's pain decision was not based on substantial evidence because he failed in this duty. Specifically, Jordan points out that the ALJ did not ask him to describe his pain. In order to insure that benefit decisions are based on substantial evidence, we have held that "a Social Security disability hearing is a nonadversarial proceeding, in which the ALJ has a basic duty of inquiry, 'to inform himself about facts relevant to his decision and to learn the claimant's own version of those facts.' " Dixon v. Heckler, 811 F.2d 506, 510 (10th Cir.1987) (quoting Heckler v. Campbell, 461 U.S. 458, 471 n. 1, 103 S.Ct. 1952, 1959 n. 1, 76 L.Ed.2d 66 (1983)). In this case, Jordan was not represented by an attorney. The ALJ's duty was therefore heightened. See id.

After thoroughly reviewing the record of Jordan's benefit hearing, we conclude that the ALJ fulfilled his duty as we have defined it. Although he did not specifically ask Jordan to describe his pain, he asked a number of other questions obviously intended to determine the extent to which pain disabled the claimant. The ALJ began with a general question: "[C]ould you tell me ... why you feel that you're disabled now and not able to return to your work ...?" Rec., vol. II, at 23. Jordan responded by referring to his limited mobility. The ALJ then asked more specific questions such as "in what way can't you use your ... left arm?" Id. at 24. Later questions focused on objective evidence of pain such as Jordan's activities, use of crutches, and pain medication. Id. at 25-27, 36. Jordan stated that he does not use crutches, performs some household activities, and controls his pain with Extra-strength Tylenol. Such evidence plays an important role in determining whether a claimant suffers from disabling pain. Luna v. Bowen, 834 F.2d 161, 165-66 (10th Cir.1987). Finally, the ALJ concluded by asking "[i]s there anything else you want to tell me you feel might be helpful in trying to resolve your claim?" Rec, vol. II., at 28. If a...