Rainey v. Department of Health and Human Services, 94-1983
| Citation | 48 F.3d 292 |
| Decision Date | 15 February 1995 |
| Docket Number | No. 94-1983,94-1983 |
| Parties | , Unempl.Ins.Rep. (CCH) P 14388B Fred RAINEY, Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Secretary, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Nancy L. Hamm, Fayetteville, AR, for appellant.
Joseph B. Liken, HHS, Dallas, TX, for appellee.
Before McMILLIAN, FAGG and BOWMAN, Circuit Judges.
Fred Rainey appeals from the final order entered in the District Court for the Eastern District of Arkansas, affirming the decision of the Secretary of Health and Human Services to deny Rainey's application for disability insurance benefits (DIB) and supplemental security income (SSI). For the reasons discussed below, we reverse and remand with instructions to the district court to remand the case to the Secretary for further proceedings.
On November 20, 1990, Rainey applied for benefits claiming he became disabled as a result of a heart condition on September 26, 1990. The Social Security Administration (SSA) denied Rainey's application initially and on reconsideration. Upon Rainey's request, the SSA scheduled a hearing before an Administrative Law Judge (ALJ).
Following a September 1991 hearing, the ALJ concluded that, as a result of Rainey's aortic valvular disease following his single bypass surgery in October 1990 and some continuing chest pain, Rainey would be precluded from jobs involving heavy lifting or repetitive bending, or pushing or pulling. The ALJ concluded, however, that Rainey should be able to do work involving limited lifting or light exertion, and that the credible medical evidence and testimony were consistent with the finding that he could perform the exertional requirements of light work.
The ALJ acknowledged his duty according to the requirements set forth in Polaski v. Heckler, 751 F.2d 943 (8th Cir.1984) (subsequent history omitted), to evaluate the evidence relating to subjective complaints, and he articulated the factors he was to apply, but the ALJ then stated simply, "it appears from the weight and preponderance of all the credible evidence of record, including the medical evidence and testimony, that the pain and discomfort factor is not of such persistence or severity as to be disabling." The ALJ noted only that Rainey assisted his wife with cooking canned foods which required only heating; did not do household maintenance other than dishes or light cooking; read and watched television; visited with his mother when someone drove him; and drove to shop for groceries. From this, the ALJ concluded that Rainey demonstrated that he had the ability to perform light work (except...
To continue reading
Request your trial
-
Laird v. Stilwill
...Ghant v. Bowen, 930 F.2d 633, 637 (8th Cir.1991); Prince v. Bowen, 894 F.2d 283, 286 (8th Cir.1990); Rainey v. Department of Health and Human Services, 48 F.3d 292, 293 (8th Cir.1995). c. DDS did not utilize the services of a qualified vocational specialist in the claimant's claim, contrary......
-
Hutton v. Apfel
...v. Apfel, 143 F.3d 1134, 1137 (8th Cir.1998); Ingram v. Chater, 107 F.3d 598, 604 (8th Cir.1997); Rainey v. Department of Health & Human Servs., 48 F.3d 292, 293 (8th Cir.1995); Neely v. Shalala, 997 F.2d 437, 442 (8th Cir.1993); Cline v. Sullivan, 939 F.2d 560, 566 (8th Cir.1991); Kouril v......
-
Freerks v. Colvin
...arguments on the issue of credibility by both the claimant and the defendant. Claimant cites to Rainey v. Department of Health and Human Services, 48 F.3d 292, 293 (8th Cir. 1995), for the assertion that the ALJ must explain how activities of daily living are inconsistent with claimant's al......
-
Green v. Colvin
...are inconsistent with Plaintiff's subjective complaints. This is error. See Cline, 939 F.2d at 566; cf. Rainey v. Department of Health & Human Servs., 48 F.3d 292, 293 (8th Cir. 1995) (ALJ did not indicate how claimant's activities were inconsistent with his allegations of disabling symptom......
-
Assessment of disability issues
...with specificity the basis for discrediting a claimant’s subjective complaints of pain. Rainey v. Department of Health & Human Servs ., 48 F.3d 292, 293 (8 th Cir. 1995) (holding that the ALJ’s statements that “he evaluated [the claimant’s] subjective complaints of pain and fatigue, without......
-
Table of Cases
...Labor Executives’ Ass’n v. United States , 791 F.2d 994, 1000 (2d Cir. 1986), § 1601 Rainey v. Department of Health & Human Servs ., 48 F.3d 292, 293 (8th Cir. 1995), § 205.10 Rainey v. Heckler , 770 F.2d 408, 410 (4th Cir. 1985), § 1312.9 Raitport v. Callahan , 183 F.3d 101, 104 (2d Cir. 1......
-
Table of cases
...Labor Executives’ Ass’n v. United States , 791 F.2d 994, 1000 (2d Cir. 1986), § 1601 Rainey v. Department of Health & Human Servs ., 48 F.3d 292, 293 (8th Cir. 1995), § 205.10 Rainey v. Heckler , 770 F.2d 408, 410 (4th Cir. 1985), § 1312.9 Raitport v. Callahan , 183 F.3d 101, 104 (2d Cir. 1......