Chamberlain v. Shalala

• Decision Date: 15 February 1995
• Docket Number: No. 94-2066,94-2066
• Citation: 47 F.3d 1489
• Parties: , Unempl.Ins.Rep. (CCH) P 14385B Lavonzo CHAMBERLAIN, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1489

47 F.3d 1489

47 Soc.Sec.Rep.Ser. 3, Unempl.Ins.Rep. (CCH) P 14385B

Lavonzo CHAMBERLAIN, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee.

No. 94-2066.

United States Court of Appeals,

Eighth Circuit.

Submitted Dec. 15, 1994.

Decided Feb. 15, 1995.

John A. Bowman, Davenport, IA, argued, for appellant.

Gary Lee Hayward, Des Moines, IA, argued, for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and BARNES, ¹ District Judge.

BARNES, District Judge.

Lavonzo Chamberlain applied for Social Security Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) in April of 1991. Chamberlain's applications were denied by the Secretary of Health and Human Services, and the district court affirmed the decision. Chamberlain appeals the district court's order, and we affirm.

I. BACKGROUND

Chamberlain is a man between forty and forty-five years old ² who quit high school in the tenth grade. He later achieved his General Equivalency Diploma in 1977, and also participated in a business management correspondence course. He has worked as a truck driver, crane operator, laborer, and owned an asphalt and construction business. He allegedly became disabled on November 18, 1990, due to back problems, asthma, high blood pressure, mental depression, allergies, and sub-normal intelligence.

Chamberlain was hospitalized in October of 1973 with acute low back pain from a work injury. Chamberlain's x-rays revealed a normal lumbar myelogram and cervical myelogram. He was discharged with a diagnosis of acute low back pain with probable psychophysiological reaction or conversion reaction. The next month, in November of 1973, Chamberlain was hospitalized for a lumbar hemilaminectomy with decompression of the nerve root. His condition was improved at the time of his discharge.

In March and April of 1984, Chamberlain sought chiropractic treatment for neck pain, headaches, light chest pain, low back and leg pain, and numbness in his legs and hands. In December of 1984, Chamberlain sought medical treatment for acute lumbar strain after falling on ice. He had full forward flexion and extension, and lateral bending with mild pain. X-rays revealed no bony abnormalities. During his follow-up exam on February 4, 1985, Chamberlain exhibited no hip motion limitations and performed straight leg raising exams with no difficulty. He was released to work with no physical limitations.

Chamberlain again sought chiropractic treatment in September of 1986 for complaints of acute traumatic cervical, thoracic, and lumbosacral strain after his involvement in an auto accident. He received treatment until March 16, 1987. The chiropractor reported that Chamberlain had no permanent disability indications.

Dr. John T. Johnson treated Chamberlain from November 14, 1988, through April 12, 1991. Dr. Johnson prescribed blood pressure medicine for Chamberlain in December of 1989. From March to June of 1990, Dr. Johnson treated Chamberlain for low back pain and neck soreness. Dr. Johnson's records also reflect that Chamberlain was upset and depressed. Chamberlain returned on April 12, 1991, complaining of low back pain. Dr. Johnson prescribed pain medication for Chamberlain, but made no notations restricting Chamberlain's activities in any way.

Chamberlain then applied for DIB on April 17, 1991, and SSI benefits on April 19, 1991, stating that he was no longer able to lift, be on his feet, or drive heavy equipment for extended periods of time. He stated that his doctors restricted him from heavy lifting and bending. Chamberlain also reported that Dr. Johnson warned that further construction work could paralyze him. Chamberlain listed his activities as cleaning house, shopping, cooking, fishing, and driving a car. His work duties included using asphalt pouring machines, using tile and trench digging equipment, bidding on jobs, and supervising his employees.

Dr. D.K. Mokhtar examined Chamberlain on May 31, 1991, and reported Chamberlain as having average intelligence and fluent speaking ability. Chamberlain had subjective complaints of allergies and asthma, was slightly depressed, and exhibited exogenous obesity. Chamberlain exhibited a normal gait, was able to walk tip toe and heel without difficulty, and was able to squat and rise with low back pain. He had minimal pain and tenderness of the paravertebral tissue, mostly in the neck and paravertebral area, slight scoliosis of the thoracolumbar region and moderate loss of lumbolordotic curve. Chamberlain exhibited fairly good range of motion of all joints of the body. Dr. Mokhtar concluded that Chamberlain should not lift in excess of twenty-five pounds infrequently and ten to fifteen pounds frequently. He should alternate standing and sitting every one-half to one hour, with walking up to four to five miles daily, and avoid stooping, climbing, kneeling, crawling, and certain environmental conditions. X-rays revealed no bony or soft tissue abnormalities.

Dr. D.V. Domingo, a psychiatrist, examined Chamberlain on October 8, 1991. Chamberlain reported drinking excessively since 1989 to forget his problems. The record shows that this is Chamberlain's first allegation of excessive drinking. He alleged drinking two pints of whiskey and a twelve pack of beer sometimes daily; however, Dr. Domingo noted that Chamberlain had no alcohol-related legal problems, he had never received alcohol treatment or had delirium tremens, nor was there alcohol on his breath. Dr. Domingo reported that Chamberlain walked with a limp and had his left arm in a sling. Chamberlain reported having pain in his left arm since April of 1991. Chamberlain also reported using a cane and crutches at home. Dr. Domingo concluded that Chamberlain was unable to concentrate well in any kind of work due to his probable low I.Q., alcoholism, depression, and chronic pain.

Chamberlain's applications for DIB and SSI benefits were denied initially and upon reconsideration. Chamberlain requested and received a hearing before an Administrative Law Judge (ALJ) which was held on March 4, 1992. Chamberlain testified that he was taking Motrin and muscle relaxers for his lower back and arm pain. He stated he was unable to lift his twenty-five pound daughter and was restricted from all lifting by his treating physicians. He reported being unable to sit more than one hour and was unable to walk more than one block. The ALJ asked Chamberlain if he had any problems with bending or stooping to which Chamberlain replied he had trouble using the bathroom properly. Chamberlain testified that his family members helped with household chores, he could drive, he shopped, he had been unable to participate in outdoor activities for at least three years, was depressed easily, had bad asthma, high blood pressure, and previously had a drinking problem.

The ALJ posed a hypothetical to a vocational expert regarding a forty-five year old male with a ninth grade special education and the same past work experience as Chamberlain. The restrictions included lifting up to twenty pounds occasionally, ten pounds frequently, sitting and standing of up to thirty minutes each with ability to alternate positions, walking up to one block, occasional kneeling and crawling, and traveling limited to one hour followed by a rest period. The jobs also had to be limited to simple, routine tasks, without exposure to extremes of heat and cold, or to concentrated amounts of dust fumes, odors, gases, or poor ventilation. The vocational expert opined that Chamberlain's skills would not be transferrable under the above limitations, but found Chamberlain would be able to perform unskilled jobs at a light level such as assembly and/or packaging work, of which approximately 2,500 jobs existed on a statewide basis for each position and 125,000 jobs for each position nationally. During the cross-examination of the vocational expert, Chamberlain's counsel posed the additional restrictions of difficulty of concentration and failure to complete tasks in a timely manner. The vocational expert stated that those additional factors would preclude competitive employment.

After the hearing, the Disability Determination Services referred Chamberlain to Dr. J.R. Lee for further examination. On June 2, 1992, Chamberlain arrived at the examination using a cane and alleged that he had been using the cane for a year. Chamberlain had approximately sixty degrees flexion of his dorsal lumbar spine, ten degrees extension, thirty degrees when bending right and left, and thirty degrees when turning left and right. Dr. Lee concluded that Chamberlain could occasionally lift twenty pounds, frequently lift ten pounds, could stand or walk up to six hours, could occasionally stoop, kneel, climb or crawl, had some environmental limitations, and had no restrictions on reaching, pulling, pushing, or speaking.

On July 18, 1992, Chamberlain was evaluated by Dr. Charles F. Elmendorf. A letter from this doctor stated that Chamberlain's decreased range of motion in the lumbar spine made it impossible for Chamberlain to perform jobs with any degree of bending or stooping, and Chamberlain could not tolerate sitting or standing for more than thirty minutes without pain. Dr. Elmendorf noted that Chamberlain had duodenal ulcers and hypertension. The doctor concluded that Chamberlain was totally disabled, but did not support his conclusions with any objective medical tests or findings.

Finally, the ALJ sent interrogatories to Dr. J. Scott Morrison, a psychiatrist, to assess Chamberlain's mental capacity based upon the record. Dr. Morrison found that Chamberlain had no mental disorders meeting the listing of the Social Security Act, noting that there was no evidence of organic brain syndrome in regard to Chamberlain's alleged alcohol abuse. Dr. Morrison stated that Dr. Domingo's conclusions of Chamberlain's poor concentration were based upon unreliable factors.

The ALJ...