Jones v. Astrue

• Citation: 619 F.3d 963
• Decision Date: 31 August 2010
• Docket Number: No. 09-3263.,09-3263.
• Parties: Jerri JONES, Appellant, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

619 F.3d 963

Jerri JONES, Appellant,

v.Michael J. ASTRUE, Commissioner, Social Security Administration, Appellee.

No. 09-3263.

United States Court of Appeals,Eighth Circuit.

Submitted: June 17, 2010.

Filed: Aug. 31, 2010.

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Eugene Gregory Wallace, argued, Raleigh, NC, Anthony W. Bartels, Jonesboro, AR, Eugene Gregory Wallace, Raleigh, NC, on the brief, for appellant.

Tasha Williams Stevenson, argued, Dallas, TX, for appellee.

Before SMITH and HANSEN, Circuit Judges, and WEBBER, ¹ District Judge.

SMITH, Circuit Judge.

Jerri Jones appeals the district court's ² judgment upholding the Commissioner of Social Security's denial of her application for disability insurance benefits and supplemental security income. Jones argues that this court should reverse the administrative law judge's (ALJ) denial of benefits because (1) the ALJ failed to properly develop the record and consider whether Jones's restrictive pulmonary disorder meets a listing; (2) the ALJ's residual functional capacity (RFC) assessment omitted Jones's mental restrictions and was based on an improper credibility assessment; and (3) the vocational expert's (VE) response to the ALJ's hypothetical identified jobs that went beyond the restrictions stated in the hypothetical without providing a sufficient explanation for the variation. We affirm.

I. Background

Jones sought benefits, claiming disability due to anxiety, depression, pain, and shortness of breath. At the time of the ALJ's decision, Jones was 47 years old and living with her husband and niece. She is a high school graduate and holds a Licensed Practical Nurse (LPN) degree. Her past relevant work experience includes being an LPN and a property manager.

The ALJ followed the required five-step sequence to determine whether Jones was entitled to benefits. See 20 C.F.R. §§ 404.1520(a)-(g); 416.920(a)-(g). The ALJ found that Jones had not engaged in substantial gainful activity since the alleged onset date of April 21, 2004. He also found that Jones suffered from arthralgias, polyneuropathy, degenerative disc disease, migraine headaches, hypothyroidism, carpal tunnel syndrome, diabetes mellitus, anxiety disorder, and depressive disorder (NOS). After reviewing the medical exhibits, the ALJ concluded that Jones suffers from a severe impairment within the meaning of the Social Security Regulations but that Jones did not have a “listed” impairment or combination of impairments.

The ALJ then considered whether Jones had the RFC to perform her past work. After considering the medical records and witness testimony, the ALJ found that Jones was not “disabled” and therefore not entitled to benefits. According to the ALJ, “[Jones's] subjective allegations [were] not borne out by the overall evidence and [were] found not to be fully credible to the extent alleged.” Based on the VE's testimony, the ALJ also concluded that although Jones is unable to perform her past relevant work as an LPN and property manager, a significant number of jobs in the national economy exist that Jones could perform.

Jones appealed the ALJ's denial of her claim for disability insurance benefits and supplemental security income to the district court, claiming that the ALJ's findings were not supported by substantial evidence on the record as a whole because (1) the ALJ failed to develop the record regarding her restrictive lung disease; (2) the ALJ posed a hypothetical question to the VE that did not include all of Jones's limitations; and (3) the VE's testimony was improper because the VE failed to explain a contradiction with the Dictionary of Occupational Titles (DOT). The district court rejected Jones's arguments. First, the district court held that there was no need for the ALJ to further develop the record because ample medical evidence existed in the record for the ALJ to decide whether Jones was disabled, the evidence supported the ALJ's determination that Jones's restrictive pulmonary disease could be controlled by medication and lifestyle changes, and Jones did not meet a listing. Second, the district court concluded that substantial evidence in the record supported the ALJ's conclusion that Jones had the RFC to perform sedentary work with a fair ability to interact with others in the workplace and that the ALJ properly found that Jones's subjective allegations of pain were not fully credible. Finally, the district court found that the VE's testimony sufficiently supported the ALJ's determination that Jones was not disabled because the VE explained the inconsistency between his testimony and the DOT.

II. Discussion

On appeal, Jones argues that this court should reverse the ALJ's decision for three reasons: (1) the ALJ failed to properly develop the record and consider whether Jones's restrictive pulmonary disease meets a listing; (2) the ALJ's RFC assessment, which he incorporated into the hypothetical that he posed to the VE, erroneously omits Jones's mental restrictions and is based on an improper credibility assessment; and (3) the VE's response to the hypothetical question identified jobs beyond the restrictions stated in the hypothetical, and the VE failed to provide a sufficient explanation for the variation.

“This court reviews de novo a district court decision upholding the denial of social security benefits.” Kluesner v. Astrue, 607 F.3d 533, 536 (8th Cir.2010) (internal quotations and citation omitted). We “will uphold the Commissioner's decision if it is supported by substantial evidence on the record as a whole.” Id. (internal quotations and citation omitted). We define “substantial evidence” as “less than a preponderance but ... enough that a reasonable mind would find it adequate to support the conclusion.” Id. (internal quotations and citation omitted). We must therefore “consider the evidence that supports the Commissioner's decision as well as the evidence that detracts from it.” Id. (internal quotations and citation omitted). We may not reverse the Commissioner merely because “we would have come to a different conclusion.” Id. (internal quotations and citation omitted). We must affirm the Commissioner's denial of benefits if, after reviewing the record, “we find it possible to draw two inconsistent positions from the evidence and one of those positions represents the Commissioner's findings.” Id. (internal quotations and citation omitted).

In the present case, “the ALJ applied the five-step sequential evaluation in the social security regulations.” Id. (citing 20 C.F.R. § 404.1520(a)(4)(i)-(v) (disability insurance benefits); 20 C.F.R. § 416.920(a)(4)(i)-(v) (supplemental security income); Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987); Robson v. Astrue, 526 F.3d 389, 392 (8th Cir.2008)). Under this five-step process,

[t]he ALJ first determines if the claimant is engaged in substantial gainful activity. If so, the claimant is not disabled. Second, the ALJ determines whether the claimant has a severe medical impairment that has lasted, or is expected to last, at least 12 months. Third, the ALJ considers the severity of the impairment, specifically whether it meets or equals one of the listed impairments. If the ALJ finds a severe impairment that meets the duration requirement, and meets or equals a listed impairment, then the claimant is disabled. However, the fourth step asks whether the claimant has the residual functional capacity to do past relevant work. If so, the claimant is not disabled. Fifth, the ALJ determines whether the claimant can perform other jobs in the economy. If so, the claimant is not disabled.

Id. at 537.

A. Adequate Development of the Record

Jones first argues that the ALJ erred at the third step of the five-step evaluation by finding that she has the RFC to perform sedentary work because she suffers from restrictive lung disease with asthma. According to Jones, pulmonary function tests performed in January 2007 revealed a forced expiratory volume (FEV₁) of 1.57 or 54 percent of predicted value; and, in February 2007, she was treated at the emergency room for difficulty breathing, where faint wheezing was noted bilaterally. She was diagnosed with chronic obstructive pulmonary disease (COPD). As a result, Jones maintains that her pulmonary function testing indicates an impairment that is close to the listing level severity for chronic pulmonary insufficiency under 20 C.F.R. Part 404, Subpart. P, Appendix 1, § 3.02(A). She notes that Dr. Henry K. Hamilton, a consulting, board-certified orthopedic surgeon, testified that while in his opinion Jones did not meet a listing because of her orthopedic problem, it was possible that she met a listing for pulmonary impairment; however, she claims that the ALJ never investigated whether she met this listing. Jones also argues that if the record was unclear regarding whether she met a listing for chronic pulmonary insufficiency, the ALJ was obligated to recontact her doctors for additional evidence or clarification; therefore, the ALJ should have ordered a consultative medical examination with complete pulmonary function testing.

“A disability claimant is entitled to a full and fair hearing under the Social Security Act.” Halverson v. Astrue, 600 F.3d 922, 933 (8th Cir.2010) (internal quotations and citation omitted). Where “the ALJ's determination is based on all the evidence in the record, including the medical records, observations of treating physicians and others, and an individual's own description of his limitations,” the claimant has received a “full and fair hearing.” Id. (internal quotations and citation omitted). “The ALJ is required to order medical examinations and tests only if the medical records presented to him do not give sufficient medical evidence to determine whether the claimant is disabled.” Id. (internal quotations and citation omitted).

While the ALJ has an independent duty to develop the record in a social security

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