Nelson v. Secretary of Health & Human Services, 84-1007
| Citation | 770 F.2d 682 |
| Decision Date | 15 August 1985 |
| Docket Number | No. 84-1007,84-1007 |
| Parties | , Unempl.Ins.Rep. CCH 16,266 Betty Jane NELSON, Petitioner-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Respondent-Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
John T. Mannings, Wisconsin Rapids, Wis., for petitioner-appellant.
Steven J. Plotkin, Thomas D. Sykes, Asst. U.S. Attys., John R. Byrnes, U.S. Atty., Madison, Wis., for respondent-appellee.
Before CUMMINGS, Chief Judge, and WOOD, Circuit Judge, and GARZA, Senior Circuit Judge. *
Betty Jane Nelson ("Nelson"), the claimant in this proceeding to recover Social Security disability benefits, appeals from a summary judgment affirming the denial of benefits by the Secretary of Health and Human Services ("the Secretary"). We find that the evidence supports the conclusion that Nelson is capable of performing light work, and that there was no error in determining the issue of disability through the application of the Medical-Vocational guidelines which have been promulgated under the Social Security Act. We therefore affirm the district court's order granting summary judgment in favor of the Secretary.
Nelson applied for Social Security disability benefits in 1981. A hearing was conducted before an Administrative Law Judge ("ALJ") of the Department of Health and Human Services. The ALJ concluded that Nelson was not disabled.
Nelson was fifty-three years old at the time of the hearing. She has an eighth-grade education, and has spent the majority of her working life employed as a janitor. Nelson testified that she stopped working in 1981 because of pain in her legs and back, and that she continues to suffer from pain in various places throughout her body. She also testified that she takes Motrin for the pain and Dyazide to control her blood pressure. The ALJ heard testimony from Nelson and her husband, and also considered medical reports from three physicians, one of whom was her personal doctor.
The ALJ found that Nelson was incapable of performing her past work as a janitor. He also found that Nelson suffered from gross obesity, degenerative disc syndrome, moderately severe degenerative joint disease in her right ankle, and that she had a history of back strain. Despite these infirmities, the ALJ concluded that Nelson had the residual functional capacity to perform substantially all of the activities associated with light work as that term is defined in the regulations promulgated under the Social Security Act. See 20 C.F.R. Sec. 404.1567(b).
Having concluded that Nelson was capable of engaging in light work, the ALJ determined whether Nelson was disabled through application of the Medical-Vocational guidelines which are summarized in (what is commonly called) the grid. 1 See 20 C.F.R. Part 404, Subpart P, Appendix 2, Table No. 2. The ALJ concluded that Nelson was not disabled under the guidelines summarized in the grid.
The Secretary's Appeals Council approved the ALJ's decision on December 15, 1982. Nelson then sought judicial review of the Secretary's decision. The district court denied Nelson's motion for summary judgment and affirmed the decision of the Secretary. This appeal followed.
Nelson's primary argument on appeal is that the ALJ's findings do not support the conclusion that she is capable of performing light work. 2 In the regulations promulgated by the Secretary, light work is defined as follows:
Light work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to ten pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls. To be considered capable of performing a full or wide range of light work, you must be able to do substantially all of these activities.
20 C.F.R. Sec. 404.1567(b) (emphasis added). Nelson argues that the ALJ's findings regarding her physical impairments are fatally inconsistent with the regulation's definition of light work.
The ALJ made several findings regarding Nelson's physical condition and abilities to perform work related functions. In particular, he found that Nelson suffered from degenerative joint disease in her right ankle, and was therefore incapable of "using her right foot for repetitive movement, as in operating foot controls." The ALJ further found that Nelson would be capable of performing work related functions except those requiring: fine manipulation of her hands; bending and squatting; lifting objects weighing more than twenty pounds; or standing and walking more than one to four hours per day. Nelson does not contend that these findings are not supported by substantial evidence; rather, she suggests that they negate a conclusion that she is capable of performing light work.
We are not persuaded that these findings are inconsistent with the conclusion that Nelson is capable of performing light work. With the exception of being able to use her right foot for repetitive movements, it appears that Nelson is capable of engaging in all of the activities which are by definition associated with light work. She is, for example, capable of lifting up to twenty pounds; walking and standing up to four hours per day; and using both arms and her left foot for the pushing and pulling of arm or leg controls. Nelson's ability to engage in these activities satisfies the regulation's requirement that the worker must be capable of performing "substantially all" of the activities associated with light work. See 20 C.F.R. Sec. 404.1567(b).
Nelson next argues that the grid should not have been applied in this case because she suffers from pain. The ALJ found that Nelson testified credibly as to her subjective complaints, but that the medical evidence presented did not support the conclusion that the pain of which Nelson complained would be constant, intractable, and disabling. Nelson contends that the ALJ erred in utilizing the grid in light of the finding that Nelson's testimony concerning pain was credible.
The Medical-Vocational guidelines outlined in Appendix 2, and summarized in the tables found in Appendix 2, "do not direct factual conclusions of...
To continue reading
Request your trial
-
Eiting v. Apfel
...ability to do a full range of gainful employment at the designated residual functional capacity level. Nelson v. Secretary of Health & Human Services, 770 F.2d 682, 685 (7th Cir.1985); Chitwood v. Bowen, 788 F.2d 1376, 1378 (8th Cir.1986). Plaintiff claims that her pain is a non-exertional ......
-
Lopez v. SECRETARY, DHHS
...complaints of pain must be corroborated by objective medical evidence. Stuckey, 881 F.2d at 508; Nelson v. Secretary of Health and Human Services., 770 F.2d 682, 685 (7th Cir.1985). The ALJ found that Lopez did not corroborate his subjective complaints of pain with objective medical evidenc......
-
Watson v. Bowen
...a person must have the ability to do substantially all of these activities. 20 C.F.R. § 404.1567(b). Nelson v. Secretary of Health and Human Services, 770 F.2d 682, 684 (7th Cir. 1985). The Secretary argues that a letter from the plaintiff's surgeon, Dr. Kuipers, to the plaintiff's physicia......
-
Baker v. Bowen
...did not hold that an ALJ has a duty to make specific findings concerning the side effects of prescription drugs." Nelson v. Secretary, 770 F.2d 682, 685 (7th Cir.1985). Having found that substantial evidence supports the ALJ's decision in this case, the plaintiff's Motion for Summary Judgme......