Lewis v. Barnhart, 02-3854.

Decision Date30 December 2003
Docket NumberNo. 02-3854.,02-3854.
Citation353 F.3d 642
PartiesCarmen LEWIS, Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Appellee.
CourtU.S. Court of Appeals — Eighth Circuit

James H. Green, argued, Kansas City, MO, for appellant.

Aaron M. Morgan, argued, Regional Counsel, Kansas City, MO (Jeffrey J. Leifert, AUSA, Kansas City, on the brief), for appellee.

Before SMITH, LAY, and BRIGHT, Circuit Judges.

SMITH, Circuit Judge.

Carmen Lewis applied for social security disability insurance benefits ("SSDI") under 42 U.S.C. §§ 401-433 (2003) and supplemental security income benefits ("SSI") under 42 U.S.C. §§ 1381-1383c (2003), but the Social Security Administration denied her application initially and on reconsideration. Lewis appeals from an order of the district court1 affirming the Social Security Commissioner's decision denying both SSI and SSDI. We affirm.

I. Background

Lewis's January 23, 1997, application alleged a disability onset date of September 30, 1996. Lewis stated that she was unable to work because of a variety of impairments, including back, knee, and ankle pain, major headaches, and asthma. She alleges that the pain prevents her from performing any type of work.

A hearing was held before an administrative law judge ("ALJ") on September 25, 1998. Lewis, who was thirty-eight years old at the time of the hearing, had worked primarily in unskilled positions requiring semi-physical labor. She completed the tenth grade and received a General Equivalency Diploma in 1985. Her past work included kitchen helper, security guard, and assembly worker. She last worked in 1995.

Regarding her physical impairments, Lewis testified that she had severe pain in her lower back. The pain limited Lewis such that she could only stand comfortably for thirty minutes, walk about one block, climb one flight of stairs, carry ten pounds, and sit for about thirty minutes. Lewis also testified that she had problems with muscle spasms in her legs and back, forcing her to lie down three to five times per day for about an hour at a time. She stated that she had problems holding objects in her hands. Additionally, Lewis testified that she had difficulty reaching over her head with either arm, experienced swelling in her feet, knees, and hands several times per week, experienced headaches, which lasted one to four hours, three to four times per week, and had problems with her memory. Besides her pain allegations, Lewis also described respiratory difficulties due to asthma and bronchitis. Lewis treated her various pain and respiratory symptoms with medications, several of which made her drowsy.

Testifying as to her mental stability, Lewis stated that she had crying spells once a week, had thoughts of suicide, and had problems coping with the recent deaths of several family members. She testified that it was difficult for her to concentrate and to finish tasks, and that she quickly became angry. Lewis claimed that she would sweat and tremble two or three times per day. Regarding her activities, Lewis testified that she did not go to the grocery store or go fishing as often as in the past. Lewis testified that her daily activities consisted of washing dishes, doing laundry, cooking, watching television, and reading.

The ALJ found that Lewis's assertions of disabling pain were not fully credible. Specifically, the ALJ determined that she had the physical ability to perform limited exertional demands despite her alleged ankle, back, and knee pain, and headaches. The ALJ concluded that Lewis could return to her previous work as an assembly worker or, in the alternative, that jobs exist in the national economy that Lewis could perform. Thus, the ALJ determined that Lewis was not disabled.

On October 17, 2000, the Appeals Council of the Social Security Administration denied Lewis's request for review of the ALJ's decision. The decision of the Appeals Council stands as the final decision of the Commissioner. Lewis then sought judicial review in the United States District Court for the Western District of Missouri. The district court affirmed the Commissioner, and Lewis appeals.

In this appeal, Lewis makes two arguments. First, she contends that the ALJ's decision that she could return to her past relevant work was not supported by substantial evidence. Second, she argues that the ALJ posed a defective hypothetical question to the vocational expert because it did not include specific findings of the consultative psychologist, as set forth in a November 1999 medical assessment.

II. Discussion

On appeal, we review de novo the district court's grant of summary judgment upholding the ALJ's denial of social security benefits. Box v. Shalala, 52 F.3d 168, 170 (8th Cir.1995). "Our role is to determine whether the Secretary's decision is supported by substantial evidence on the entire record." Id. (quoting Cook v. Bowen, 797 F.2d 687, 690 (8th Cir.1986)). "Substantial evidence is less than a preponderance, but enough that a reasonable mind might accept as adequate to support a conclusion." Kelley v. Callahan, 133 F.3d 583, 587 (8th Cir.1998) (citing Lawrence v. Chater, 107 F.3d 674, 676 (8th Cir.1997)). The review we undertake is more than an examination of the record for the existence of substantial evidence in support of the Commissioner's decision; we also take into account whatever in the record fairly detracts from the decision. Id. (citing Cline v. Sullivan, 939 F.2d 560, 564 (8th Cir.1991)).

Title II of the Social Security Act provides for the payment of insurance benefits to persons who suffer from a physical or mental disability, and Title XVI provides for the payment of disability benefits to indigent persons. The Act further provides that "an individual shall be determined to be under a disability2 only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy...." 42 U.S.C. § 423(d)(2)(A) (2003).

The Secretary has established a five-step sequential evaluation process for determining whether a person is disabled. 20 C.F.R. § 404.1520(a) (1986). The Commissioner determines: (1) whether the claimant is engaged in substantial gainful activity, and if he is, disability benefits are denied; (2) whether the claimant has a medically severe impairment or combination of impairments that significantly limits the claimant's physical or mental ability to perform basic work activities, including walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, handling, seeing, hearing, speaking, understanding, carrying out and remembering simple instructions, use of judgment, responding appropriately to supervision, co-workers, and usual work situations, and dealing with changes in a routine work setting; (3) whether the impairment is equivalent to one of a number of listed impairments that the Secretary acknowledges are so severe as to preclude substantial gainful activity, and if so, the claimant is disabled; (4) whether the impairment prevents the claimant from performing work he has performed in the past; (5) if the claimant is able to perform his previous work, he is not disabled; however, if the claimant cannot perform past work, the burden shifts to the Commissioner to prove that the claimant is able to perform other work in the national economy in view of [her] age, education, and work experience. See Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987); Baker v. Apfel, 159 F.3d 1140, 1143-44 (8th Cir. 1998); Kelley, 133 F.3d at 587-88; 20 C.F.R. § 404.1520(a), (b), (c), (d), (e) (1986).

Although it was not required in this case, the ALJ's analysis proceeded through all five steps of the claim-evaluation process. The ALJ found that Lewis satisfied the requirements of step one and two and proceeded to the remaining steps of the process. Because Lewis's impairments did not meet the criteria for any listed impairments in step three, the ALJ proceeded to step four. See Yuckert, 482 U.S. at 141, 107 S.Ct. 2287; Lauer v. Apfel, 245 F.3d 700, 703-04 (8th Cir.2001). Step four requires the ALJ to consider the claimant's residual functional capacity ("RFC") and the physical and mental demands of the claimant's past work. Nimick v. Sec'y of Health and Human Servs., 887 F.2d 864, 866 (8th Cir.1989). When determining a claimant's RFC, the ALJ's determination must be supported by medical evidence that addresses the claimant's ability to function in the workplace. Krogmeier v. Barnhart, 294 F.3d 1019, 1023 (8th Cir.2002). RFC is a medical question defined wholly in terms of the claimant's physical ability to perform exertional tasks or, in other words, "what the claimant can still do" despite his or her physical or mental limitations. Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987); 20 C.F.R. § 404.1520(e) (1986). Under this step, the ALJ is required to set forth specifically a claimant's limitations and to determine how those limitations affect her RFC. Ingram v. Chater, 107 F.3d 598, 604 (8th Cir.1997).

The ALJ reviewed the medical evidence and determined that Lewis possessed the RFC to return to her past work as an assembly worker. Lewis's medical records included reports from three physicians. First, Edna C. DeCastro, M.D., performed a consultative disability examination on Lewis on August 26, 1997. Dr. DeCastro noted that Lewis was alert, oriented, pleasant, cooperative, and well-developed. Although Lewis complained of severe disabling pain in her joints, the doctor noted that Lewis's joints showed no evidence of synovitis, swelling, or tenderness, her knees showed no crepitus, and she had full passive ranges of motion of all her joints. Dr. DeCastro indicated that Lewis's chronic low back pain, headaches, and asthma...

To continue reading

Request your trial
1759 cases
  • Englerth v. Colvin
    • United States
    • U.S. District Court — Eastern District of Missouri
    • 29 d4 Setembro d4 2016
    ...cause him or her to reject the plaintiff's complaints. See Guilliams, 393 F.3d at 801; Masterson, 363 F.3d at 738; Lewis v. Barnhart, 353 F.3d 642, 647 (8th Cir. 2003); Hall v. Chater, 62 F.3d 220, 223 (8th Cir. 1995). It is not enough that the record contains inconsistencies; the ALJ must ......
  • Johnston v. Colvin
    • United States
    • U.S. District Court — Eastern District of Missouri
    • 30 d5 Setembro d5 2016
    ...cause him or her to reject the plaintiff's complaints. See Guilliams, 393 F.3d at 801; Masterson, 363 F.3d at 738; Lewis v. Barnhart, 353 F.3d 642, 647 (8th Cir. 2003); Hall v. Chater, 62 F.3d 220, 223 (8th Cir. 1995). It is not enough that the record contains inconsistencies; the ALJ must ......
  • Frieden v. Colvin
    • United States
    • U.S. District Court — Eastern District of Missouri
    • 11 d5 Setembro d5 2015
    ...cause him or her to reject the plaintiff's complaints. See Guilliams, 393 F.3d at 801; Masterson, 363 F.3d at 738; Lewis v. Barnhart, 353 F.3d 642, 647 (8th Cir. 2003); Hall v. Chater, 62 F.3d 220, 223 (8th Cir. 1995). It is not enough that the record contains inconsistencies; the ALJ must ......
  • Stephens v. Astrue
    • United States
    • U.S. District Court — Eastern District of Missouri
    • 14 d1 Maio d1 2012
    ...the plaintiff's complaints. Guilliams, 393 F.3d at 801; Masterson v. Barnhart, 363 F.3d 731, 738 (8th Cir. 2004); Lewis v. Barnhart, 353 F.3d 642, 647 (8th Cir. 2003); Hall v. Chater, 62 F.3d 220, 223 (8th Cir. 1995). It is not enough that the record contains inconsistencies; the ALJ must s......
  • Request a trial to view additional results
4 books & journal articles
  • Table of Cases
    • United States
    • James Publishing Practical Law Books Bohr's Social Security Issues Annotated - Volume II
    • 4 d1 Maio d1 2015
    ..., 281 F.3d 1081 (9th Cir. Mar. 1, 2002), 9th-02 Lewis v. Barnhart , 285 F.3d 1329 (11th Cir. Mar. 19, 2002), 11th-02 Lewis v. Barnhart , 353 F.3d 642 (8th Cir. Dec. 30, 2003), 8th-08, 8th-03 Lewis v. Califano , 616 F.2d 73, 76 (3d Cir. 1980), § 1207.1 Lewis v. Callahan , 125 F.3d 1436, 1440......
  • Case index
    • United States
    • James Publishing Practical Law Books Archive Social Security Issues Annotated. Vol. I - 2014 Preliminary Sections
    • 2 d6 Agosto d6 2014
    ...F.3d 532 (6 th Cir. Sept. 24, 2007), 6 th -07 Doyal v. Barnhart, 331 F.3d 758 (10 th Cir. June 10, 2003), 10 th -03 Lewis v. Barnhart , 353 F.3d 642 (8 th Cir. Dec. 30, 2003), 8 th -03 Wagner v. Astrue , 499 F.3d 842 (8 th Cir. Aug. 24, 2007), 8 th -07 Wright-Hines v. Comm’r of Soc. Sec ., ......
  • Table of cases
    • United States
    • James Publishing Practical Law Books Archive Social Security Issues Annotated. Vol. II - 2014 Contents
    • 3 d0 Agosto d0 2014
    ..., 281 F.3d 1081 (9th Cir. Mar. 1, 2002), 9th-02 Lewis v. Barnhart , 285 F.3d 1329 (11th Cir. Mar. 19, 2002), 11th-02 Lewis v. Barnhart , 353 F.3d 642 (8th Cir. Dec. 30, 2003), 8th-08, 8th-03 Lewis v. Califano , 616 F.2d 73, 76 (3d Cir. 1980), § 1207.1 Lewis v. Callahan , 125 F.3d 1436, 1440......
  • Case Index
    • United States
    • James Publishing Practical Law Books Bohr's Social Security Issues Annotated - Volume I
    • 4 d1 Maio d1 2015
    ..., 331 F.3d 758 (10th Cir. June 10, 2003), 10th-03 Hill v. Colvin , 753 F.3d 798 (8th Cir. June 2, 2014), 8 th -14 Lewis v. Barnhart , 353 F.3d 642 (8th Cir. Dec. 30, 2003), 8th-03 Wagner v. Astrue , 499 F.3d 842 (8th Cir. Aug. 24, 2007), 8th-07 Wright-Hines v. Comm’r of Soc. Sec. , 597 F.3d......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT