Robson v. Astrue

• Decision Date: 21 May 2008
• Docket Number: No. 07-1863.,07-1863.
• Citation: 526 F.3d 389
• Parties: Deborah ROBSON, Appellant, v. Michael J. ASTRUE, Social Security Administration, Commissioner, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

526 F.3d 389

Deborah ROBSON, Appellant, v. Michael J. ASTRUE, Social Security Administration, Commissioner, Appellee.

No. 07-1863.

United States Court of Appeals, Eighth Circuit.

Submitted: January 17, 2008.

Filed: May 21, 2008.

Eugene Gregory Wallace, argued, Buies Creek, NC, Anthony W. Bartels, Jonesboro, AR, on the brief, for appellant.

Brian C. Linden, SSA, Assistant Regional Counsel, argued, Stacy E. McCord, Tina M. Waddell, on the brief, Dallas, TX, for appellee.

Before WOLLMAN, BRIGHT, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Deborah Robson applied for disability benefits under Title II of the Social Security Act, alleging disability due to post polio syndrome. After an evidentiary hearing, the administrative law judge (ALJ) denied her application, finding that Robson was not disabled because she could perform several jobs within the economy in her current condition. After the Appeals Council denied her request for review, Robson sought judicial review of the Commissioner's decision. The district court¹ affirmed the denial of benefits, concluding that the ALJ's decision was supported by substantial evidence on the record as a whole. Robson appeals, arguing that the ALJ improperly disregarded the opinion of Robson's treating physician regarding her functional limitations and that the ALJ's hypothetical to the vocational expert (VE) did not accurately describe Robson's work-related abilities. We affirm.

I. Background

Deborah Robson applied for disability insurance benefits on August 25, 2003, when she was 55 years old, alleging disability due to post polio syndrome and a cervical spine diskectomy and fusion in 1990. She alleged that she became disabled on December 1, 1988. Robson has a high school education and completed a medical secretarial course in 1965. In the past she has worked as a medical transcriptionist, receptionist, and an office manager.

Robson was employed by her treating physician, Dr. James Robinette, but she testified that she left this position in 1988 because the job required too much walking. She attempted to work at home as a medical transcriptionist, but this caused neck problems. Robson received no treatment for post polio syndrome because no such treatment was then available.

A hearing on her claim was held on April 7, 2005, and at this hearing the ALJ heard testimony from a VE, Beth Clem. To assist in determining whether Robson was disabled, the ALJ asked the following hypothetical question of the VE:

Please assume an individual 45 years of age, with a high school diploma and successful completion of a medical secretary course at a business and we'll assume no past relevant work. And assume a sedentary exertional residual functional capacity as that term is normally defined. That is able to sit for six hours out of an eight hour day, stand and walk two hours out of an eight hour day, lift and carry 10 pounds occasionally. Further assume the usual seizure precautions, that is unable to work at unprotected heights, around moving machinery or operate automotive equipment. Are there any jobs that exist in significant numbers that such an individual could perform?

In response to this question, the VE found that such an individual could perform secretarial work, and that there are approximately 32,000 such positions in Arkansas and approximately 3.9 million positions available in the national economy.

The ALJ evaluated Robson's claims according to the five-step sequential analysis prescribed by the social security regulations. Among other things, the ALJ found that: (1) Robson has not engaged in substantial gainful activity since the onset of her disability on December 1, 1988; (2) while Robson has been treated for cervical spondylosis and post polio syndrome, she does not have an impairment or combination of impairments listed in, or medically equal to one listed in Appendix 1, Subpart P, Regulations No. 4; (3) Robson's subjective allegations are not borne out by the overall record nor found to be fully credible; (4) Robson has a residual functional capacity (RFC) to lift or carry no more than 10 pounds occasionally, sit 6 hours in an 8 hour day, stand/walk no more than 2 hours total in an 8 hour day, and that she was restricted from operating motor vehicles, working from unprotected heights, and working around moving machinery; (5) Robson could perform sedentary jobs such as a secretary or a data entry clerk; and (6) there are a significant number of these jobs in the regional economy.

Based on these findings, the ALJ determined that Robson was not disabled, as defined in the Social Security Act, at any time through the date of his decision. The Appeals Council denied Robson's request for review, and she filed an appeal with the United States District Court for the Eastern District of Arkansas. The district court found that the Commissioner's decision was supported by substantial evidence on the record as a whole and affirmed the denial of benefits.

II. Discussion

Robson argues that substantial evidence on the record as a whole does not support the ALJ's determination that she is not disabled. More specifically, she argues that the VE's testimony did not constitute substantial evidence because the hypothetical presented to the VE was defective.

"We review de novo the district court's affirmance of the Commissioner of Social Security's denial of social security benefits." Wagner v. Astrue, 499 F.3d 842, 848 (8th Cir.2007) (citing Bowman v. Barnhart, 310 F.3d 1080, 1083 (8th Cir. 2002)). In reviewing the Commissioner's decision, we must determine whether there is substantial evidence on the record as a whole, which is a determination that requires an examination of the record for both the evidence supporting the Commissioner's decision and evidence that detracts from that decision. Id. (citing Bowman, 310 F.3d at 1083). In conducting this inquiry, however, "[w]e are not permitted to reverse because substantial evidence also exists that would support a contrary outcome or because we would have decided the case differently." Sultan v. Barnhart, 368 F.3d 857, 863 (8th Cir. 2004).

A disability is defined as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. § 423(d). To assess whether a claimant is disabled, the ALJ follows a five-step sequential evaluation process and considers: (1) the claimant's work activity, if any; (2) the medical severity of the impairment; (3) whether the medical severity of the impairment equals one of the listings in Appendix 1 of Subpart P; (4) the claimant's residual functional capacity (RFC) and past relevant work; and (5) whether the claimant can perform other jobs in the economy given the claimant's RFC, age, education, and work experience. 20 C.F.R. § 404.1520(a)(4).

Here, the ALJ found that Robson was not disabled because she was able to perform other work. The ALJ...