Browning v. Sullivan

• Decision Date: 10 March 1992
• Docket Number: No. 90-1513,90-1513
• Citation: 958 F.2d 817
• Parties: , Unempl.Ins.Rep. (CCH) P 16500A Viola BROWNING, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 817

958 F.2d 817

36 Soc.Sec.Rep.Ser. 564, Unempl.Ins.Rep. (CCH) P 16500A

Viola BROWNING, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee.

No. 90-1513.

United States Court of Appeals,

Eighth Circuit.

Submitted June 14, 1991.

Decided March 10, 1992.

Therese Schellhammer, Poplar Bluff, Mo., argued, for appellant.

Eric Tolen, Asst. U.S. Atty., St. Louis, Mo., argued, for appellee.

Before JOHN R. GIBSON and LOKEN, Circuit Judges, and URBOM, ^* Senior District Judge.

LOKEN, Circuit Judge.

Viola Browning appeals the district court's ¹ order affirming the decision of the Secretary of Health and Human Services to deny her disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 423. We agree with the district court that there is substantial evidence on the record as a whole to support the Secretary's decision. Accordingly, we affirm.

I.

Browning worked at a shoe factory for nearly twenty years, most recently as a "back shoe" person who recorded defective shoes and wheeled them to the appropriate department for repair. In February 1986, at age fifty-two, she lost her job when the plant closed. On November 18, 1986, she applied for disability insurance benefits, alleging that she had been disabled since the plant closed by back and shoulder problems, migraine headaches, and nervousness.

After Browning's application was denied initially and on reconsideration, she requested and received a hearing before an administrative law judge. Her treating physician, Dr. John L. Hunt, submitted a medical evaluation that listed her as suffering from peptic ulcer disease, osteoarthritis, and migraine phenomenon, and listed her current medications as Fioricet, Valium, Tagamet, and Nalfon. Dr. Hunt's medical history file reflected that Browning had been treated for these ailments since at least 1978.

A medical evaluation by Dr. Chul Kim, who examined Browning at the government's request, largely confirmed Dr. Hunt's diagnosis. Dr. Kim reported that Browning has chronic pain of the upper back from an unknown cause, probably osteoarthritis; chronic migraine headaches since the age of sixteen; and "pain and limited range of motion" in both shoulders "with probable osteoarthritis or bursitis or tendinitis." He also reported that she had "depression from anxiety" for the previous four to six years but had received no treatment for this condition other than Valium, which provided relief when taken.

At the hearing, Browning testified that her work included rolling the racks of shoes and occasionally lifting them over obstacles; that she left her job because the factory closed and has not worked since; that she cannot walk more than one block without sitting; that she cannot stand or sit more than one-half hour, push or pull things, or raise her hands above her head without severe pain; that she cannot carry ten pounds more than ten feet; that she does light housework but has unbearable pain in her arm and back when she does any stressful activity; that she has continuous headaches that become intense if she is nervous or upset; and that she is constantly fatigued. In addition, Browning's daughter testified that she has "slowed down a lot" and "doesn't get along with people any more."

The ALJ issued his hearing decision on September 30, 1987, concluding that Browning was not disabled as of that date. Applying the five step analysis prescribed in the regulations, see Bowen v. Yuckert, 482 U.S. 137, 140-142, 107 S.Ct. 2287, 2290-2292, 96 L.Ed.2d 119 (1987), the ALJ first found that Browning's impairments were "severe" under 20 C.F.R. § 404.1521(a), but did not equal one of the listed impairments that are conclusively presumed to be disabling under 20 C.F.R. § 404.1520(d).

The ALJ then turned to the question whether Browning retained the "residual functional capacity" to return to her former light work. Acknowledging that her testimony provided evidence of fatigue and pain, the ALJ nonetheless found that her complaints of disabling pain were not credible because she does not take strong pain medication, because she had complained of fatigue and pain for many years "but her complaints did not stop her from working as long as her job was available," and because Dr. Hunt "did not report that the claimant was disabled."

Turning to the question of a possible mental impairment, the ALJ considered Dr. Kim's report of depression and concluded:

there is no indication whatsoever that the claimant's possible depression has interfered with her ability to relate appropriately or to perform the simple repetitive tasks required by her past job.

As required by § 404.1520a(d) of the regulations, the ALJ attached to his decision a "Psychiatric Review Technique" form stating that Browning has an "affective disorder," see Pt. 404, Subpt. P, App. 1, § 12.04, but that it results in too little functional limitation to be classified as a severe mental impairment. See § 404.1520a(c)(1).

Based upon these findings, the ALJ found that Browning's impairments do not prevent her from returning to her past work. This in turn required him to find that she is not disabled. See 20 C.F.R. § 404.1520(e).

Following the ALJ's adverse decision, Browning requested review by the Secretary's Appeals Council. Attempting to undermine the ALJ's analysis, she presented the Appeals Council with six new pieces of evidence: a post-hearing letter from Dr. Hunt diagnosing her as disabled ²; a December 1987 psychological evaluation diagnosing her as a "major depressive, recurrent, chronic type"; and four sworn statements from former co-workers that her work had fallen off by early 1986, with one supervising foreman asserting that, had the plant not closed, Browning might have been fired. On February 11, 1988, the Appeals Council denied the request for review, explaining that it had considered Browning's newly submitted evidence and had concluded that it "does not warrant a change in the [ALJ's] decision that you were not disabled through September 30, 1987."

Browning then commenced this action seeking judicial review of the Secretary's adverse decision. In response to the parties' cross motions for summary judgment on the administrative record, the magistrate judge thoroughly reviewed the evidence in the record, including that submitted to the Appeals Council after the ALJ's decision, and recommended that summary judgment be granted to the Secretary. The district court adopted that recommendation, and this appeal followed.

II.

We first examine the ALJ's decision on the basis of the record before him at the conclusion of the evidentiary hearing. Browning contends that the ALJ erred in ignoring evidence that her impairments worsened over time, in finding her complaints of pain not credible, and in failing to consider the disabling effect of her impairments in combination. There was evidence pointing in both directions on each of these issues. Because " 'the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's findings from being supported by substantial evidence,' " Cruse v. Bowen, 867 F.2d 1183, 1184 (8th Cir.1989) (citation omitted), we conclude that there was substantial evidence in the hearing record to support the ALJ's decision.

The medical record before the ALJ contains little suggesting that Browning was physically disabled. Dr. Hunt's file reflected that she had been treated for her present conditions for many years before she stopped working. Dr. Kim reported "[n]o significant swelling, deformity, heat or limitation in the range of motion in any major joint except both shoulders," which have restricted range of motion. Two residual functional capacity assessments prepared by other physicians at the initial consideration stage also supported the finding that Browning can return to her prior light work. Both doctors found limited but fairly substantial capacity to lift, walk, sit, push, and pull, ranging above what Browning had described as the requirements of her former job.

Likewise, the record before the ALJ supported his finding that Browning did not suffer from a "severe" mental impairment, that is, one that "significantly limit[s] [her] physical or mental ability to do basic work activities." See 20 C.F.R. §§ 404.1520a(c)(1), 404.1521(a). The regulations prescribe a special procedure for analyzing mental impairments. See § 404.1520a. The ALJ properly followed that procedure, and there is substantial evidence to support his finding that Browning's affective disorder, depression, was not severe. Compare Householder v. Bowen, 861 F.2d 191, 192 (8th Cir.1988). Therefore, we must accept the ALJ's conclusion that she does not have a mental impairment which, in combination with her physical impairments, renders her unable to perform her prior work. See Russell v. Sullivan, 950 F.2d 542, 544-545 (8th Cir.1991).

Browning also argues that the ALJ violated our decision in Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984), in finding that her complaints of disabling pain were not credible. She argues that the Secretary ignored her good work record, the increasing dosages of her medications, and medical evidence of her deteriorating condition.

The ALJ reviewed Browning's history of pain medication and found her dosages relatively constant and not particularly strong. He considered at length testimony as to her physical condition and daily activities. He found that she worked for several years despite complaining of the pain she now claims is disabling, and concluded that it was the plant-closing, not her physical condition, that forced Browning out of work. This analysis of prior work is legitimate. Dixon v. Sullivan, 905 F.2d 237, 238 (8th Cir.1990); Easttam v. Secretary of H.E.W., 364 F.2d 509, 513 (8th Cir.1966). It reveals an inconsistency in the record that justified the ALJ's discounting of Browning's subjective complaints of...