Walters v. Commissioner of Social Sec.

• Decision Date: 15 October 1997
• Docket Number: No. 96-2214,96-2214
• Citation: 127 F.3d 525
• Parties: , Unempl.Ins.Rep. (CCH) P 15791B Clarence WALTERS, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 525

127 F.3d 525

54 Soc.Sec.Rep.Ser. 317, Unempl.Ins.Rep. (CCH) P 15791B

Clarence WALTERS, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

No. 96-2214.

United States Court of Appeals Sixth Circuit.

Argued Sept. 9, 1997.

Decided Oct. 15, 1997.

Kerry S. Johnson (argued and briefed), Weisberg & Walkon, Southfield, MI, for Plaintiff-Appellant.

Julie Flanagan (argued) Social Security Administration, Office of the General Counsel, Lisa G. Patrick (briefed), Chicago, IL, for Defendant-Appellee.

Before: JONES, SUHRHEINRICH, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Claimant-Appellant Clarence Walters appeals a district court decision affirming the Commissioner of Social Security's denial of his application for disability insurance benefits under the Social Security Act (the "Act"), 42 U.S.C. § 423. For the reasons that follow, we affirm.

I. BACKGROUND

A. Facts

Walters, who has a twelfth-grade education, worked for Chrysler Motor Car Company from 1972 to 1989 as a press operator. Joint Appendix (J.A.) at 37-38 (Tr. of ALJ Hr'g at 9-10); Appellant's Br. at 2; Appellee's Br. at 3. His job required him to operate both small presses (which involved constant standing/walking and lifting of approximately 3-5 pounds) as well as heavy presses (which involved constant standing/walking and lifting of 25-30 pounds). J.A. at 39-41 (Tr. of ALJ Hr'g at 11-13). Walters also testified that his job sometimes required him to stoop, bend, and reach overhead. J.A. at 58-59 (Tr. of ALJ Hr'g at 30-31). In November 1989 Walters was involved in an automobile accident. The next month, he elected early retirement from his job at Chrysler. ¹ J.A. at 37 (Tr. of ALJ Hr'g at 9). According to Walters, he became disabled around January 1, 1990 due to back pains, hypertension, and dizziness ² and has been unable to engage in substantial gainful employment ever since this time. Walters was sixty-one years of age when he applied for disability insurance benefits on April 29, 1993. J.A. at 61 (Ex. 1. at 1).

The medical evidence in the administrative record consisted of the opinions and diagnoses of a treating physician (Dr. Austin), an internist who examined Walters one time at the Commissioner's request (Dr. Banerji), and a treating chiropractor (Mr. Katz). J.A. at 98, 101-03, 108-44 (Exs.13, 15, 17). The following summarizes their findings:

Dr. Austin's findings and observations [made between January 1983 and October 1994]:(1) hypertension with blood pressure readings consistently within the normotensive range when on medication, (2) reports of dizziness, (3) acute lumbosacral strain with no focal neurological deficits, (4) gastritis, (5) atypical chest pains with negative results on a 1988 thallium stress test and no acute EKG changes.

Dr. Banerji's diagnoses and conclusions [from examination in August 1993]:(1) hypertension that is well-controlled and no evidence of cardiomegaly or cardiac failure, (2) history of neck and back pains but no objective physical findings or functional limitations orthopedically (no muscle spasms, no limitation of movement or pain in spine, and straight leg raising test revealed 90-degrees movement on both sides with no complaint of pain from patient), (3) marked dizziness clinically observed by physician only on patient's lying flat on bed (exact etiology undetermined), (4) history of pain in abdomen but no objective physical findings, (5) history of chest pain suggestive of angina pectoris.

Mr. Katz's comments and findings [made between November 1992 and April 1993]:(1) diagnosis of chronic interligamentous lumbar sprain, (2) a limited range of motion in Walters's lumbar spine (45 degrees) with moderate to severe pain produced in all ranges of motion, (3) evidence of muscle spasm upon palpitation, (4) no sensory, motor, or reflex abnormalities, (5) x-rays of the lumbar spine taken on 11/13/92 were essentially negative, (6) ability to walk, to climb stairs and get on/off examination table with difficulty, and inability to squat, and (7) advised Walters to refrain from extensive lifting, bending, remaining on his feet for long periods of time.

In terms of medication, Walters was taking Parafon Forte, a muscle relaxer, for back aches; Zantac for gastritis; Dyazide and Cardizem for hypertension; an occasional Valium (6-7 times in the six months preceding the administrative law judge hearing); and no separate medication for dizziness. J.A. at 54-56 (Tr. of ALJ Hr'g at 26-28).

Walters testified that he was able to engage in the following activities: drive approximately three times a week, attend church three times a week where he serves as an elder, walk two miles, prepare three meals a day, run errands, do shopping, pay his bills, watch television, and read the Bible. J.A. at 34, 46, 49-51 (Tr. of ALJ Hr'g at 6, 18, 21-23).

B. Procedural History

Walters's application for disability insurance benefits was denied by the agency both initially and upon reconsideration. After then conducting a hearing at Walters's request, an ALJ issued a decision on March 28, 1995 that was consistent with previous agency determinations. The ALJ found that the medical evidence established claimant's hypertension, history of lumbosacral strain with low back pain, and gastritis. J.A. at 22 (ALJ Decision at 5). However, at Step Four of the five-step sequential analysis prescribed by 20 C.F.R. § 404.1520 (1997) for evaluating disability, the ALJ determined that since the claimant retained the residual functional capacity, despite his impairments, to perform "the full range of medium work" including his past relevant work as a press machine operator, the claimant was not disabled for social security purposes. J.A. at 21 (ALJ Decision at 4). The Appeals Council declined review on August 15, 1995, and subsequently on August 22, 1996 the district court adopted the magistrate judge's Report and Recommendation and granted summary judgment in favor of the Commissioner.

The district court had original jurisdiction to review the Commissioner's final administrative decision pursuant to 42 U.S.C. § 405(g). This court has appellate jurisdiction, pursuant to 42 U.S.C. § 405(g) and 28 U.S.C. § 1291, over the district court's final judgment which Walters has timely appealed.

II. ANALYSIS

This court must affirm the Commissioner's conclusions absent a determination that the Commissioner has failed to apply the correct legal standards or has made findings of fact unsupported by substantial evidence in the record. 42 U.S.C. § 405(g); see also Preslar v. Secretary of Health and Human Servs., 14 F.3d 1107, 1110 (6th Cir.1994). Substantial evidence is " 'such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.' " Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938)). Accordingly, this court "may not try the case de novo, nor resolve conflicts in evidence, nor decide questions of credibility." Garner v. Heckler, 745 F.2d 383, 387 (6th Cir.1984).

Under the Social Security Act, 42 U.S.C. § 423(a), an individual is entitled to disability insurance benefit payments if he (1) is insured for disability insurance benefits, (2) has not attained retirement age, (3) has filed an application for disability insurance benefits, and (4) is under a disability. Since no one disputes Walters's eligibility under the first three criteria, the issue on this appeal is whether the ALJ had substantial evidence to support his determination that Walters was not "under a disability." Section 423(d)(1)(A) of Title 42 defines "disability" to be 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....

Furthermore,

[a]n individual shall be determined to be under a disability 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). In making a determination as to disability under the above definition, an ALJ is required to follow a five-step sequential analysis set out in agency regulations. Our focus will be on Step Four. ³ The five steps can be summarized as follows:

1. If claimant is doing substantial gainful activity, he is not disabled.

2. If claimant is not doing substantial gainful activity, his impairment must be severe before he can be found to be disabled.

3. If claimant is not doing substantial gainful activity and is suffering from a severe impairment that has lasted or is expected to last for a continuous period of at least twelve months, and his impairment meets or equals a listed impairment, claimant is presumed disabled without further inquiry.

4. If claimant's impairment does not prevent him from doing his past relevant work, he is not disabled.

5. Even if claimant's impairment does prevent him from doing his past relevant work, if other work exists in the national economy that accommodates his residual functional capacity and vocational factors (age, education, skills, etc.), he is not disabled.

20 C.F.R. § 404.1520 (1997); see also Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 2290-92, 96 L.Ed.2d 119 (1987); Hogg v. Sullivan, 987 F.2d 328, 331-32 (6th Cir.1993). Step Four "necessarily entails a comparison of the physical demands of the claimant's past relevant work with [his] present mental and physical capacity." Veal v. Bowen, 833 F.2d 693, 697 (7th Cir.1987). Since the ALJ has acknowledged Walters's hypertension and history of back problems, the medical issue is really...