Hunter v. Barnhart
Hunter v. Barnhart
Opinion of the Court
ORDER
Randy Hunter applied for Social Security Disability Insurance Benefits (DIB) in March 1997, claiming that several ailments including osteoporosis, chronic obstructive pulmonary disease, and upper extremity pain had prevented him from working since June 1996. An administrative law judge (ALJ) denied benefits, the district court affirmed, and Hunter now appeals. He argues that the ALJ erred in three ways: failed to adequately explain his decision to exclude hand and finger limitations in his residual functional capacity (RFC) assessment; failed to properly evaluate the treating physician’s opinion; and improperly discredited Hunter’s testimony. Although this is a close case because the ALJ did not fully explain his reasons for rejecting some medical opinions, we affirm because his decision is supported by substantial evidence.
I.
The record is not clear as to the genesis of Hunter’s medical problems. Hunter, who was 52 years old as of his onset date
The ALJ also solicited testimony from a vocational expert. The vocational expert explained that someone of Hunter’s age, education, and work experience with his impairments, who could not sustain public contact or a regimented pace of production, and could not be exposed to heavy dust, smoke or fumes, would be able to work as an associate chemical engineer (one of Hunter’s previous jobs), an electronics inspector, or an electronics tester. Applying the familiar five-step analysis, see C.F.R. § 416.920, the ALJ denied Hunter’s application finding that he satisfied the first two steps because he suffered from severe osteoporosis and chronic obstructive pulmonary disease and had not engaged in substantial gainful activity since June 1996. But the ALJ concluded that Hunter’s severe impairments did not meet or equal any impairment listed in 20 C.F.R. Pt. 404, Subpt. P, App. 1, and thus he did not automatically qualify for benefits under the third step of the inquiry. The ALJ concluded Hunter also met the fourth step because his RFC would not allow him to perform his past work. Proceeding to the fifth step, the ALJ found that Hunter retained the residual functional capacity to work in the national economy, in jobs such as an electronics inspector and an electronics tester. Hunter then appealed to the agency’s appeals council, but his request for review was denied, making the ALJ’s decision the final decision of the Commissioner. 20 C.F.R. § 404.981.
II.
We uphold an ALJ’s decision denying disability benefits if the ALJ applied the correct legal standard and substantial evidence supported the decision. Steele v. Barnhart, 290 F.3d 936, 940 (7th Cir. 2002); see also 42 U.S.C. § 405(g). Substantial evidence “requires no more than such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Powers v. Apfel, 207 F.3d 431, 434 (7th Cir. 2000) (internal quotation omitted). When we review an ALJ’s decision, we accept the ALJ’s factual findings and will not reweigh the evidence. Id.
A. ALJ’s Rejection of Hand-or-Finger Limitations in the RFC
On appeal, Hunter first challenges the ALJ’s decision to exclude hand-and-finger
The ALJ’s decision contains all the relevant medical evidence that allows a reviewing court to “track the ALJ’s reasoning and be assured that the ALJ considered the important evidence.” Green v. Shalala, 51 F.3d 96, 101 (7th Cir. 1995). The ALJ summarized Dr. Holton’s medical evidence and Hunter does not contend that the ALJ left out necessary information, so a reviewing court could confirm that the ALJ considered all the relevant evidence. From that evidence, we can track the ALJ’s reasoning and determine there was substantial evidence to support the ALJ’s decision.
B. Treating Physician’s Opinion
Second, Hunter argues that the ALJ improperly rejected the medical opinion of Dr. Mertins, his treating physician, that he be restricted to sedentary work. Dr. Mer-tins treated Hunter from February 1995 through May 1997, diagnosing him with hypertension, osteoporosis, and COPD. In response to the inquiry from the Social Security Administration, Dr. Mertins opined that any work done by Hunter would have to be sedentary and not include any heavy lifting or straining.
A treating physician’s opinion is entitled to controlling weight if well supported by medical findings and not inconsistent with other substantial evidence in the record, see Clifford v. Apfel, 227 F.3d 863, 870 (7th Cir. 2000); 20 C.F.R. § 404.1527(d)(2). When considering whether to accept a medical opinion, an ALJ will give more weight to an opinion supported by “medical signs and laboratory findings” than one that is not, and the ALJ must consider the extent to which the doctor’s opinion is supported by medical signs and laboratory findings and the extent to which the source’s opinion is consistent with the record as a whole. 20 C.F.R. § 404.1527(d).
The ALJ rejected Dr. Mertins’ opinion, stating that the medical “records are hardly a basis for sedentary work restrictions.” While the ALJ accepted Dr. Mertins’ diagnoses of osteoporosis and
C. Hunter’s Credibility
Third, Hunter argues that the ALJ wrongly discredited his own testimony about the pain caused by his various ailments. The ALJ concluded that Hunter was “not substantially credible,” because his testimony that he was able to live on his own, cook, shop, drive and do light household chores contradicted his statements that he was unable to perform sustained work-related activity.
Because an ALJ is in the best position to judge credibility, we reverse an ALJ’s credibility determinations only if they were “patently wrong.” Powers, 207 F.3d at 435. When considering a claimant’s testimony regarding pain, the ALJ must set out reasons for the weight given to that testimony. Zurawski v. Halter, 245 F.3d 881, 887 (7th Cir. 2001). Here, the ALJ adequately explained his reasoning for finding Hunter not credible. As the ALJ found, Hunter’s description of his day-to-day activities conflicted with his testimony that his pain was severe and constant, and therefore substantial evidence supports the ALJ’s credibility determination.
Hunter also argues that the ALJ wrongly discredited his testimony by improperly considering his failure to seek medical treatment for his pain. He contends that the ALJ drew unfavorable inferences based on the infrequency of visits he paid to the doctor. Although the ALJ did mention Hunter’s failure to seek treatment, that reference was made in the context of a different issue-namely, the weight to be accorded to Dr. Mertins’ opinion in light of the limited records he had provided. The ALJ did not consider Hunter’s failure to seek treatment in his assessment of his credibility.
Hunter also contends that the ALJ failed to adequately consider and explore the physical manifestations of his pain in assessing his credibility. Hunter concedes that the ALJ found that medical evidence did not support his allegations of pain and the ALJ went as far as including limitations based on psychological affects of his chronic pain in his RFC assessment-eliminating potential jobs where Hunter would be required to work at a closely regimented pace of production and have intense public contact. Nevertheless, Hunter argues that the ALJ should have considered physical manifestations of this pain disorder, such as “a reduction in physical endurance which results in fatigue and more pain.”
We require an ALJ to consider objective medical evidence of pain, and Hunter has conceded that the ALJ addressed the medical evidence of pain and found it to be insufficient to support Hunter’s allegations of pain. The ALJ determined that Hunter was able to perform daily activities, had no complaints about job performance from previous employers, only took over-the-counter pain medication. The ALJ also fully addressed the medical evidence. See Clifford, 227 F.3d at 872. Thus the ALJ adequately supported his reasons for find
III.
Because the ALJ’s decision is supported by substantial evidence, we affirm the district court’s decision.
Reference
- Full Case Name
- Randy HUNTER v. Jo Anne B. BARNHART, Commissioner of Social Security
- Cited By
- 2 cases
- Status
- Published