Hollis v. Bowen, 87-4656

• Decision Date: 25 February 1988
• Docket Number: No. 87-4656,87-4656
• Citation: 837 F.2d 1378
• Parties: , Unempl.Ins.Rep. CCH 17,915 Carol A. HOLLIS, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant- Appellee. Summary Calendar.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 1378

837 F.2d 1378

20 Soc.Sec.Rep.Ser. 454, Unempl.Ins.Rep. CCH 17,915

Carol A. HOLLIS, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services Defendant- Appellee.

No. 87-4656

Summary Calendar.

United States Court of Appeals Fifth Circuit.

Feb. 25, 1988.

Laurel G. Weir, Thomas L. Booker, Philadelphia, Miss., for plaintiff-appellant.

Thelma L. Harmon, Asst. Reg. Counsel, Haila N. Kleinman, Dept. of HHS, Office of Gen. Counsel, Reg. IV, Atlanta, Ga., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Mississippi.

Before REAVLEY, KING and JOLLY, Circuit Judges.

PER CURIAM:

Plaintiff appeals the denial of social security disability benefits and supplemental security income. However, our review of the record compiled in this case convinces us--as it did the district court--that the administrator's decision to deny benefits is supported by substantial evidence; similarly, we find that plaintiff's claims were tested during the administrative process by the proper legal standards. Therefore, we affirm.

I.

Carol Hollis ("Hollis") is a thirty-six year old woman who completed ten years of school and later earned a general education diploma. She has no special job training other than her work experience and is divorced--although she and her two children presently live with Hollis' ex-husband. She smokes approximately half a pack of cigarettes per day. Until September, 1983, Hollis worked at a number of jobs; over various periods of time, she operated a sewing machine, loaded and unloaded potted plants at a wholesale nursery, plugged wires on an assembly line at an electronics firm, and folded greeting cards at a greeting card company. Beginning in March of 1980, Hollis began experiencing problems with her back, her legs, and her hands. According to Hollis, the problems continued to grow worse. They also began to affect her ability to hold a job and finally, during the first week of September 1983, they compelled her to leave a job she had held for only one day. Since then, Hollis has neither worked outside the home nor looked for another job.

On November 7, 1983, Hollis filed an application for social security disability benefits and supplemental security income. ¹ In her application, Hollis listed "arthritis of the spine" as her disability, and gave March 22, 1980, as the date on which the disability became severe enough to affect her ability to work. At a hearing before an administrative law judge ("ALJ"), Hollis presented medical records to support her claim of disability. These records revealed that in 1980, Hollis complained to Dr. A.P. Soriano about pain in her major joints. She told Dr. Soriano that she had been under the care of a Dr. Blackwell for arthritis in her neck, upper back, shoulders, and arms. Although Hollis complained that her pain was increasing, Dr. Soriano could see no joint swelling; however, a mass over the sacral region did prompt Dr. Soriano to refer Hollis to the Meridian Bone and Joint Clinic, where she was to see Dr. Robinson. The medical records from Dr. Robinson show that after examining Hollis, Dr. Robinson made the following observations about her condition: she moved with minimal guarding of the lumbo-sacral area to and from the examining table; her neurological reflexes were intact as to motor function, strength, deep tendon reflexes, and sensation to touch, pin prick, and vibration; and she experienced tenderness in the lumbo-sacral area but no acute muscle spasm. X-rays showed no evidence of intrinsic bone or joint pathology other than an increased lumbo-sacral lordotic curve, and Hollis was diagnosed and treated for an "ergonomic associated chronic lumbo-sacral strain." She was educated in exercise procedures to alleviate her symptons and given some medication.

Hollis' medical records also reveal that in 1982 and 1983, Hollis again saw Dr. Soriano because of back, chest, and shoulder pain. During these visits, Dr. Soriano diagnosed bursitis of the right shoulder, rheumatoid arthritis, and anxiety reaction. He treated each of these conditions with prescription medication. Medical records from 1983 show that during that year, Hollis went to the Madden Medical Clinic on several occasions and was examined by Dr. David Moody. Her complaints to Dr. Moody were of chest pain with a choking-type sensation and "aching all over." As reflected by his records, Dr. Moody concluded that Hollis suffered from costochondritis and mild arthritic changes, primarily in her arms, shoulder, neck, and back. However, he also noted that--despite the arthritis--Hollis did not have a significant decrease in mobility or in range of motion of her extremities. Medical records from 1984 show that during that year, Hollis was admitted to the Neshoba County General Hospital complaining of dizziness, chest pain, and syncope without loss of consciousness. Dr. John Mutzinger, her physician during the hospital stay, wrote in his records that X-rays taken during that time showed that Hollis has slight scoliosis of the thoracic spine; Dr. Mutzinger also determined, however, that Hollis' heart and lungs tested within normal limits and that she exhibited a full range of movement in her extremities. He prescribed medication which improved Hollis' chest pains.

Besides the medical records, both Hollis and her ex-husband testified before the ALJ. Much of Hollis' testimony focused on her symptoms. She claimed to experience cramping and drawing in her hands whenever she used them for short periods of time, constant headaches which resulted from neck pain, pains which radiated from the muscles in her arms and elbows, numbness in her hips and legs, and difficulty sleeping because of her severe discomfort. Hollis also testified, however, that despite her symptoms she continues to keep house and cook for her two children, shop for groceries, do the laundry, take occasional walks, and drive a car. Mr. Hollis' testimony substantiated the testimony given by his ex-wife.

After hearing the testimony and examining all the medical records, the ALJ denied Hollis' application for benefits. According to the ALJ, the evidence presented by Hollis showed that her injuries were "nonsevere" within the meaning of the Social Security Act. After receiving this ruling, Hollis pursued her administrative remedies with the appeals council; however, just as the ALJ had done, the appeals council rendered a decision unfavorable to Hollis. Since she had exhausted her administrative remedies, Hollis' next step was to file a civil action against the Secretary of Health and Human Services ("the Secretary") in the United States District Court for the Southern District of Mississippi. Her case was assigned to a United States Magistrate who, after reviewing the record, concluded that in denying Hollis benefits on the basis of nonseverity of injury, the ALJ did not follow the proper legal standard as set forth in Stone v. Heckler, 752 F.2d 1099 (5th Cir.1985). Consequently, the magistrate remanded the entire case for reconsideration of the facts in light of the legal standard of Stone.

On remand, the ALJ conducted a second hearing. Again, Hollis testified about her symptoms. She supplemented her earlier testimony by explaining that now, if she sits for any length of time, she experiences a "muscle spasm" type pain which travels from her right hip down to her legs; but if she stands for an hour or an hour and a half, her lower back begins to ache, her knees feel weak, and she feels pains in her legs. Hollis admitted, however, that she still performs the same household tasks she testified to during the first hearing, and that she still drives several times a week. Hollis presented no new medical evidence to substantiate her claims of disability. ²

After the second hearing, the ALJ filed his second recommended decision in Hollis' case. In his recommendation, the ALJ determined that, when measured by the Stone criteria, Hollis suffers from a "severe" impairment. According to the ALJ, Hollis suffers from severe chronic lumbosacral strain, syncope of undetermined origin, and bursitis of the right shoulder. In addition, she has a history of arthritis. The ALJ also concluded, however, that despite her impairments, Hollis has the residual functional capacity to perform her past work and, therefore, is not disabled within the meaning of the Social Security Act. In reaching this conclusion, the ALJ explained:

A finding of disability may not be based on subjective symptomatology alone, but must be based on objective evidence, including results of medically acceptable clinical tests and laboratory diagnostic techniques, which demonstrate disability as defined in the Social Security Act and Regulations. Physical or mental impairments and related symptomatology (such as pain, shortness of breath, weakness, or nervousness) are considered, and the extent to which the signs and laboratory findings confirm these symptoms are carefully evaluated.... A claimant will not be determined to be disabled based on self-declarations alone, including pain, nervousness, or other subjective symptomatology, unless the objective clinical tests and laboratory findings show a medical or psychological condition that could be reasonably expected to produce symptoms of the severity alleged.

... The medical evidence of record offers little in the way of documentary support for the claimant's contentions. The claimant's complaints are found to be vague in that the claimant simply said that she has pain. The undersigned is of the opinion that the claimant's testimony is not convincing....

... Although pain may serve as a basis for disability, the issue is not the existence of pain but whether the pain suffered by the claimant is of sufficient severity to prevent work activity. After evaluating the evidence and considering its credibility and weight, the undersigned finds and determines that the...