Nelms v. Bowen, 86-3139
| Decision Date | 10 November 1986 |
| Docket Number | No. 86-3139,86-3139 |
| Citation | 803 F.2d 1164 |
| Parties | , Unempl.Ins.Rep. CCH 17,144 June L. NELMS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee. Non-Argument Calendar. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Appeal from the United States District Court for the Middle District of Florida.
CORRECTED OPINION
Before GODBOLD, VANCE and JOHNSON, Circuit Judges.
In this social security case appellant's work background sheet showed that she had worked as a "custodial worker" at a university. She testified that she cleaned classrooms and offices. No detailed description of her custodial duties or the physical demands thereof was solicited or proffered. For example, there is no evidence concerning whether she used equipment, the size and weight of items she was required to use, whether she scrubbed floors or merely dusted, or whether she was required to move furniture. These are but a few of the details that are missing. Moreover, the ALJ stated that appellant's past work as a maid was described as "light work." We are not able to locate this description in the record.
In the absence of evidence of the physical requirements and demands of appellant's work the ALJ could not properly determine that she retained the residual functional capacity to perform it.
The record as it stands is insufficient to affirm, but it is also lacking in evidence to support a finding that appellant is totally disabled. The ALJ was obliged to develop a full and fair record. Cowart v. Schweiker, 662 F.2d 731, 735 (11th Cir.1981).
The cause must be remanded under 42 U.S.C. Sec. 405(g) for a further hearing with regard to the physical demands of appellant's past work and her ability to perform the same in light of her impairments. See Brenem v. Harris, 621 F.2d 688, 690 (5th Cir.1980); Cowart v. Schweiker, supra.
Consultative physician Evans testified that appellant's left wrist was so painful that he could not examine it. Appellant's testimony and prior recorded complaints described acute pain. Despite this evidence the ALJ found that this ailment was "minor discomfort." The ALJ was required to determine whether objective medical impairments could reasonably be expected to produce the pain complained of. Smith v. Bowen, 792 F.2d 1547 (...
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Nava v. Berryhill
...work." Nimick v. Sec'y of Health & Human Servs., 887 F.2d 864, 866 (8th Cir. 1989) (emphasis omitted); see also Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986) (per curiam). However, at this step, the burden remains with the claimant to prove that he or she cannot perform his or her pa......
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Disalvatore v. Colvin, CA 14-0485-C
...determine whether the claimant has the residual functional capacity to perform his past relevant work.") (citing Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir.1986) and Cowart v. Schweiker, 662 F.2d 731, 735 (11th Cir.1981)). Toward that end, an ALJ must consider all of the duties of past r......
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...Cowart v. Schweiker, 662 F.2d 731, 735-36 (11th Cir.1981); Smith v. Schweiker, 677 F.2d 826, 829 (11th Cir.1982); Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir.1986); Welch v. Bowen, 854 F.2d 436, 438 (11th Cir.1988). The Commissioner's duty to develop the record includes ordering a consult......
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...Health & Human Servs., 887 F.2d 864, 866 (8th Cir. 1989) (alteration in original) (emphasis omitted); see also Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986) (per curiam). The regulations expressly provide that an ALJ may consult the DOT in order to obtain evidence regarding whether a......
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Administrative review issues
...Cowart v. Schweiker , 662 F.2d 731, 735-36 (11 th Cir. 1981); Smith v. Schweiker , 677 F.2d 826, 829 (11 th Cir. 1982); Nelms v. Bowen , 803 F.2d 1164, 1165 (11 th Cir. 1986); Welch v. Bowen , 854 F.2d 436, 438 (11 th Cir. 1988); Reeves v. Heckler , 734 F.2d 519, 522 n. 1 (11 th Cir. 1984);......
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Table of Cases
...Supp.2d 1291 (D. Colo. July 10, 2000), §§ 408.1, 409.3 Nelms v. Astrue, 553 F.3d 1093 (7th Cir. Jan. 28, 2009), 7th-09 Nelms v. Bowen , 803 F.2d 1164, 1165 (11th Cir. 1986), § 504.1 Nelson v. Apfel , 96 F. Supp.2d 1110 (D. Or. Jan. 31, 2000), §§ 203.7, 204.7, 204.8, 205.10, 607.1, 1303 Nels......
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Table of cases
...Supp.2d 1291 (D. Colo. July 10, 2000), §§ 408.1, 409.3 Nelms v. Astrue, 553 F.3d 1093 (7th Cir. Jan. 28, 2009), 7th-09 Nelms v. Bowen , 803 F.2d 1164, 1165 (11th Cir. 1986), § 504.1 Nelson v. Apfel , 96 F. Supp.2d 1110 (D. Or. Jan. 31, 2000), §§ 203.7, 204.7, 204.8, 205.10, 607.1, 1303 Nels......