Wigg v. Chater

• Citation: 904 F. Supp. 949
• Decision Date: 01 November 1995
• Docket Number: No. C 94-3072.,C 94-3072.
• Parties: Richard R. WIGG, Plaintiff, v. Shirley S. CHATER, Commissioner of Social Security, Defendant.
• Court: U.S. District Court — Northern District of Iowa

904 F. Supp. 949

Richard R. WIGG, Plaintiff, v. Shirley S. CHATER, Commissioner of Social Security,¹ Defendant.

No. C 94-3072.

United States District Court, N.D. Iowa, Central Division.

November 1, 1995.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Thomas A. Krause of Legal Services Corporation of Iowa, Des Moines, Iowa, for Plaintiff Richard Wigg.

Ana M. Martel of the United States Attorney's Office, Northern District of Iowa, Cedar Rapids, Iowa, for Defendant Shirley S. Chater, Commissioner of Social Security.

ORDER REGARDING SECRETARY'S DENIAL OF SOCIAL SECURITY DISABILITY BENEFITS

TABLE OF CONTENTS

                    I. INTRODUCTION .............................................................. 953
                       A. Procedural Background .................................................. 953
                       B. Factual Background ..................................................... 953
                       C. The Court's Jurisdictional Basis ....................................... 957
                   II. ANALYSIS .................................................................. 958
                       A. The "Substantial Evidence" Standard .................................... 958
                       B. The Polaski Standard and Subjective Pain Credibility Determinations .... 959
                       C. Relative Burdens of Proof .............................................. 960
                       D. Review of the ALJ's Decision ........................................... 960
                          1. Wigg's prior application for benefits ............................... 961
                          2. The ALJ's hypothetical and Wigg's subjective pain complaints ........ 961
                       E. Relief ................................................................. 964
                  III. CONCLUSION ................................................................ 964
                

BENNETT, District Judge.

This case involves a plaintiff's applications for social security disability insurance benefits and supplemental security income which were denied on two prior occasions. Plaintiff suffers from borderline intellectual capacity and has difficulties with socialization skills and concentration and attention deficiencies. Plaintiff alleges his lapses in concentration are frequent and prevent him from performing any task for a significant period of time. The administrative law judge ("ALJ") issuing the denial of benefits in this case characterized the plaintiff as "seldom" having deficiencies or lapses in concentration or attention. Therefore, Plaintiff argues the ALJ failed to properly describe Plaintiff's impairments and limitations regarding his inability to maintain concentration and attention. Consequently, Plaintiff asserts there is no substantial evidence in the record as a whole to support the ALJ's finding that Plaintiff is not disabled under the Social Security Act.

I. INTRODUCTION

A. Procedural Background

Wigg filed an application for social security disability insurance benefits under Title II of the Social Security Act and for supplemental security income under Title XVI of the Social Security Act on September 30, 1992.² (Tr. 329, 333.). In his applications, Wigg alleged he had been unable to work due to his impairments since October 29, 1991. (Tr. 451.). His applications were denied initially, (Tr. 337, 339), and after reconsideration on April 1, 1993. (Tr. 343, 345). An administrative hearing was held concerning this matter on February 14, 1994, after which the ALJ determined Wigg was not disabled and not entitled to social security disability benefits on June 24, 1993. (Tr. 11.). On May 2, 1994, Wigg requested review of the ALJ's decision from the Social Security Administration Appeals Council. (Tr. 8.). On August 19, 1994, the Appeals Council denied Wigg's request and stated that "the ALJ's decision stands as the final decision of the Secretary in your case." (Tr. 6.). Because the Appeals Council's August 19, 1994 letter denying Wigg's request represented the final determination of the Secretary, and because Wigg filed this action on October 13, 1994, there is no dispute that Wigg's complaint was timely filed with this court. Therefore, Wigg is entitled to a review of his case under 42 U.S.C. § 405(g). The court will now commence its review of the Secretary's decision in accordance with § 405(g) by determining whether that decision was supported by substantial evidence.

B. Factual Background

The plaintiff in this case is Richard Wigg, a 33-year-old man from Fort Dodge, Iowa, who is five feet, seven inches tall and who weighs approximately 193 pounds. (Tr. 67-68.). Wigg is right-handed and has completed twelve grades of school, entirely comprised of courses in special education. (Tr. 73-74.). Wigg testified that he has difficulty writing and reading, especially "big words." (Tr. 74-75.).

Regarding his impairments, Wigg testified at his administrative hearing that his biggest problem which prevents him from being able to work in any capacity is his difficulty in keeping his attention on a specific job or task for long periods of time. (Tr. 77.). For example, Wigg stated he has trouble concentrating on the process of placing screws in a video booth when trying to reassemble it, as well as having difficulty with entering data on a computer at the Mini Cinema. (Tr. 78.). Specifically, Wigg claimed when he is working on one specific project, he can only concentrate on the project for a short time, and then suddenly, he becomes unaware of where he is or what he is doing. (Tr. 79.).

Wigg suffers from borderline intellectual functioning, (Tr. 375), which is a categorization used to describe a person with an I.Q. in the 71-84 range.³ Diagnostic and Statistical Manual of Mental Disorders 684 (4th ed. 1994). Although Wigg claims he has not experienced any difficulty in maintaining his social relationships with friends and family nor had any problems getting along with any former employers, supervisors, or co-workers, (Tr. 359.), Dr. Douglas Epperson, a clinical psychologist at Disability Determination Services, noted in November 1992 that Wigg has "a number of moderate social limitations, apparently due to poor socialization. This would make him best suited for work settings that involve little or no contact with the general public, and limited contact with co-workers." (Tr. 388-89.). However, Dr. Epperson did state Wigg is able to understand, remember, and follow relatively simple instructions, and he has a demonstrated ability to perform "relatively simple, repetitive cognitive and behavioral routines in a competitive work setting." (Tr. 388.).

Upon referral by the Disability Determination Services, Dr. L.K. Berryhill, a psychiatrist, evaluated Wigg's condition on December 15, 1993. (Tr. 447.). Dr. Berryhill found that Wigg has a fair memory, and that his full-scale I.Q. was 77. Dr. Berryhill recommended that Wigg be encouraged to work with Vocational Rehabilitation in a sheltered workshop and eventually open employment. (Tr. 448-49.). Furthermore, Dr. Berryhill opined Wigg is able to handle benefits on his own behalf. (Tr. 449.).

In January 1994, Wigg completed a psychological evaluation at the request of Disability Determination Services. (Tr. 442.). Dr. Dan Rogers, the clinical psychologist who conducted this evaluation, found that based on tests of Wigg's verbal, visual, and general memory as well as his attention, concentration, and delayed recall, Wigg's memory is functioning in the low average range. (Tr. 444.). Dr. Rogers noted that "there were no areas of significant, specific weaknesses or strengths in his performance" on the memory tests. (Tr. 444.). Dr. Rogers reiterated Dr. Epperson's comments regarding Wigg's additional mental limitations, noting Wigg has a significant learning disability, and would have some difficulty remembering and understanding instructions and locations, but he should be able to learn adequately with sufficient repetition and supervision. (Tr. 444.). Dr. Rogers found Wigg's attention, concentration, and pace are somewhat poor, but attributed this deficiency to Wigg's lack of motivation. (Tr. 444.). Furthermore, Dr. Rogers opined because Wigg has had few employment experiences, Wigg's judgment and ability to respond to changes in the workplace is likely poor, and his ability to interact appropriately with co-workers and the public is likely impaired as well. (Tr. 444.). Lastly, Dr. Rogers stated if Wigg were to receive benefits, he could not handle them on his own behalf. (Tr. 444.).

Among Wigg's physical ailments, Wigg injured his left shoulder and his left knee in an automobile accident. However, at the time of the hearing, Wigg testified that his shoulder was "back to normal," and that his knee doesn't give him trouble anymore. (Tr. 80-81.). In addition, he was having back pain, but this pain had subsided after he sought treatment from a chiropractor. (Tr. 82.).

Regarding his daily activities, Wigg rides his bike as a means of transportation. He no longer possesses a driver's license because he has not paid fines relating to prior speeding tickets. (Tr. 70.). Wigg occasionally rides his bike around town all day by himself. (Tr. 95.). Wigg goes to the grocery store once a month with his parents because he has no other effective means of transportation. (Tr. 86, 443.). Although Wigg is unable to write out a shopping list, he chooses food he wants while he is in the store, without any assistance from his parents. (Tr. 75, 86.). Wigg cooks daily, preparing full meals for himself, although he claims he burns his food often. (Tr. 87, 359.). In addition, Wigg does all his own housework and laundry approximately once a week. (Tr. 87-88.). He watches television, both during the day and at night. (Tr. 360.). Specifically, he has watched soap operas during the day sporadically for approximately ten years. (Tr. 84.). Wigg testified he has trouble following all the story lines on these soap operas, but he is able to follow at least one story line at a time. (Tr. 85.). Wigg also occasionally fishes in the summertime,...