Kisling v. Chater
| Decision Date | 05 February 1997 |
| Docket Number | No. 96-2253,96-2253 |
| Citation | 105 F.3d 1255 |
| Parties | , Unempl.Ins.Rep. (CCH) P 15669B Ruth A. KISLING, Appellant, v. Shirley S. CHATER, Commissioner of the Social Security Administration, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Larry J. Steele, Walnut Ridge, AR, for appellant.
Pamela M. Woodi, Assistant Regional Counsel, Social Security Administration, Dallas, TX, for appellee.
Before WOLLMAN, BRIGHT, and MURPHY, Circuit Judges.
Ruth A. Kisling appeals from the district court's 1 order affirming the decision of the Commissioner of the Social Security Administration, denying her claim for Supplemental Security Income (SSI) benefits. We affirm.
Kisling filed for benefits on January 15, 1993, claiming disability due to arthritis, bronchitis, and asthma. At her hearing before an administrative law judge (ALJ), Kisling testified to arthritis pain, bronchitis, asthma, and bad nerves. She also stated that she often became depressed and angry.
The ALJ found that Kisling suffered from bronchitis and dysthymia 2. Analyzing Kisling's claim under the framework outlined in 20 C.F.R. §§ 416.920 and 416.920a, the ALJ found that while these impairments were severe, they did not meet the requirements for listed impairments. The ALJ concluded that Kisling retained the residual functional capacity to perform her past relevant work as a shirt factory worker, and therefore denied benefits.
The Appeals Council denied Kisling's request for review. The district court granted summary judgment for the Commissioner. On appeal, Kisling argues that the Commissioner's decision was not supported by substantial evidence, that the ALJ's credibility determinations were erroneous, and that the ALJ failed to consider the combined effect of her impairments on her ability to perform her past relevant work.
Our review on appeal is limited to determining whether the Commissioner's decision is supported by substantial evidence on the record as a whole. See 42 U.S.C. § 405(g); Comstock v. Chater, 91 F.3d 1143, 1145 (8th Cir.1996); Johnson v. Chater, 87 F.3d 1015, 1017 (8th Cir.1996). "Substantial evidence is that which a reasonable mind would find as adequate to support the Commissioner's decision." Comstock, 91 F.3d at 1145; see Johnson, 87 F.3d at 1017.
The record clearly supports the Commissioner's determination that Kisling's physical impairments do not inhibit her ability to perform her past relevant work. The medical evidence does not show that Kisling suffers from arthritis or from any other afflictions that might impair her ability to work. Medical records do confirm that Kisling suffers from chronic, and occasionally acute bronchitis, but there is no evidence that her pulmonary function is significantly compromised, and no physician has ever restricted her activities because of her pulmonary status. Moreover, there is no evidence in the record showing that Kisling's pulmonary condition would inhibit her ability to work as a shirt factory worker. 3
Furthermore, the medical records show that Kisling's respiratory problems are related to her smoking habit. Although her physicians repeatedly recommended that she curb her smoking, Kisling did not heed this advice. Impairments that are controllable or amenable to treatment do not support a finding of disability, and "[f]ailure to follow a prescribed course of remedial treatment without good reason is grounds for denying an application for benefits." Roth v. Shalala, 45 F.3d 279, 282 (8th Cir.1995); see 20 C.F.R. § 416.930(b).
The record also supports the Commissioner's determination that Kisling's mental condition does not impair her capacity to perform her past relevant work. Kisling's treating psychiatrist, Dr. Gary Tharp, noted on December 19, 1992, that her dysthymia was in remission. In reports dated May 8, 1993 and July 10, 1993, Tharp did note that Kisling exhibited schizoid avoidance features. In two subsequent reports dated August 28, 1993 and October 30, 1993, however, Tharp does not mention any such features. Moreover, in the July 10th, August 28th, and October 30th reports, Tharp described Kisling as alert and oriented, in a good mood, maintaining a normal speech pattern, exhibiting appropriate reactions, and presenting no evidence of psychosis or suicidal or homicidal thoughts.
We also find that the ALJ properly assessed the credibility of Kisling and her sister and was justified in discounting their testimony regarding Kisling's subjective complaints of pain. The ALJ based his credibility assessment on specific inconsistencies between Kisling's complaints and the record as a whole, as required by Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984). He noted the absence of medical evidence supporting Kisling's subjective complaints of pain, a factor...
To continue reading
Request your trial
-
Steele v. Astrue
...ceasesto stop smoking upon a doctor's advice. See Wheeler v. Apfel, 224, F.3d 891, 895 (8th Cir. 1996) (citing Kisling v. Chater, 105 F.3d 1255, 1257 (8th Cir. 1997)) (holding that impairments which are controllable or amendable to treatment including certain respiratory problems, do no sup......
-
White v. Colvin
...(Tr. 545). If an impairment can be controlled through treatment or medication, it cannot be considered disabling. See Kisling v. Chater, 105 F.3d 1255, 1257 (8th Cir. 1997). Sixth, although Dr. Shitut noted that Plaintiff used a cane, he further noted that she also walked without a cane and......
-
Rogers v. Barnhart
...an application for benefits, 20 C.F.R. § 416.930(a) and (b); Johnson v. Apfel, 240 F.3d 1145, 1148 (8th Cir.2001); Kisling v. Chater, 105 F.3d 1255, 1257 (8th 1997), and can weigh against a claimant's credibility. Guilliams v. Barnhart, 393 F.3d 798, 802 (8th Cir. "[O]f course, the Administ......
-
Bauer v. Soc. Sec. Admin.
...Cir.2009)(an impairment is not disabling where it can be controlled through medication or other treatments), citing Kisling v. Chater, 105 F.3d 1255, 1257 (8th Cir.1997). In addition, the ALJ accurately related that, in February of 2002, the Plaintiff was seen for chronic nasal congestion, ......
-
Assessment of disability issues
...testimony due to the suspect nature of that testimony. Brown v. Chater , 87 F.3d 963, 966 (8 th Cir. 1996). Followed, Kisling v. Chater , 105 F.3d 1255, 1257 (8 th Cir. 1997) II-915 CASE SURVEY §204.6 (finding that an ALJ is justified in discrediting the testimony of a witness who merely st......
-
Specific impairments issues
...was scheduled for weekly health sessions but never followed through, which can be a basis for denial of benefits. See Kisling v. Chater , 105 F.3d 1255, 1257 (8th Cir. 1997). Her failure to attend counseling, her daily activities (including part-time work), and the intake notes support the ......
-
Table of Cases
...107.4, 107.12, 107.16 Kirves v. Callahan , 113 F.3d 1235, 1997 WL 210813 (6th Cir. Apr. 25, 1997), §§ 803, 1803.1 Kisling v. Chater , 105 F.3d 1255, 1257 (8th Cir. 1997), 8th-09, §§ 204.5, 205.5, 205.6, 205.8, 205.9, 208.1, 312.8 Kitts v. Apfel , 205 F.3d 356 (8th Cir. Feb. 29, 2000), 8th-0......
-
Assessment of disability issues
...a claimant’s complaints of disabling pain. Comstock v. Chater , 91 F.3d 1143, 1147 (8 th Cir. 1996). See also Kisling v. Chater , 105 F.3d 1255, 1257 (8 th Cir. 1997) (stating that the absence of medical evidence supporting a claimant’s subjective complaints of pain is a factor that support......