Patti M. Willard v. Larry G. Massanari
Opinion of the Court
[UNPUBLISHED]
Patti M. Willard appeals the District Court’s
Willard first argues that the ALJ improperly discredited her subjective mental complaints, pointing to evidence showing that she had problems even in a sheltered work environment, her minimal daily activities did not suggest she was able to work, and she did not have contact even with her family. We disagree. After properly citing the factors in Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984), the ALJ noted multiple inconsistencies in the record, including Willard’s ability to live independently and the lack of physicians’ opinions that Willard was totally disabled. See Dunahoo v. Apfel, 241 F.3d 1033, 1038 (8th Cir. 2001) (stating that if ALJ discredits claimant and gives good reason, this court will defer to ALJ’s judgment even if every Polaski factor is not discussed in depth). We find reasonable the ALJ’s conclusion that Willard’s alleged inability to work with others was not disabling. She held her last rehabilitation-program job, which required handling phone calls, for ten months, and the program coordinator indicated that Willard could likely succeed in a job requiring less public contact. Cf. Gowell v. Apfel, 242 F.3d 793, 796 (8th Cir. 2001) (holding substantial evidence supported rejecting subjective complaints of pain where evidence indicated pain was not severe enough to be considered disabling). Similarly, neither her lack of contact with her family (and alleged lack of friends), nor her daily activities of earing for her personal needs, using the bus to get around, volunteering at church, and engaging in hobbies at home, support a finding of a totally disabling mental impairment. Cf. Hutton v. Apfel, 175 F.3d 651, 654-55 (8th Cir. 1999) (holding ALJ’s rejection of claimant’s application supported by substantial evidence
In her remaining arguments, Willard essentially challenges the ALJ’s mental residual functional capacity (RFC) findings, and contends that the ALJ’s hypothetical to the VE was incomplete. However, the ALJ’s RFC findings not only included limitations specifically addressing Willard’s problems in relating to others, but they actually were more restrictive than the RFC findings of the Social Security Administration psychologist upon whose opinion Willard relies except, unlike the psychologist, the ALJ found no deficiencies in concentration, persistence, or pace-a finding that is supported by the record. Willard contends that the ALJ’s mental RFC findings (and thus his hypothetical) should have included certain added limitations, but she bases this contention on the opinions of certain evaluators whose opinions are either conclusory or internally inconsistent. Cf. Johnson v. Chater, 87 F.3d 1015, 1018 (8th Cir. 1996) (according less deference where treating physician’s opinion is itself inconsistent); Chamberlain v. Shalala, 47 F.3d 1489, 1494 (8th Cir. 1995) (giving limited weight to treating physician’s conclusory opinion). Willard also points to two global-assessment-of-functioning
Although there is evidence in the record supporting Willard’s allegedly disabling mental impairments, we review to determine whether the ALJ’s decision is supported by substantial evidence on the record as a whole. See id. at 468 (substantial evidence “is enough that a reasonable mind would find it adequate to support the Commissioner’s conclusion”). We also note that the Commissioner properly obtained psychological consultations due to the absence of mental-health treatment records, cf. Freeman v. Apfel, 208 F.3d 687, 692 (8th Cir. 2000) (noting that it is reversible error to fail to order consultative examination when it is necessary for informed decision); and properly followed the special procedures for evaluating mental impairments, see Russell v. Sullivan, 950 F.2d 542, 545 (8th Cir. 1991) (upholding ALJ’s conclusion that impairment was not disabling where ALJ analyzed claimant’s mental impairment under regulations’ special procedure and ample evidence supported ALJ’s findings).
Accordingly, we affirm.
. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.
. See American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders 34 (4th ed., text rev. 2000).
Dissenting Opinion
dissenting.
Upon examination of the record, I am convinced that Ms. Willard is entitled to benefits. Ms. Willard previously qualified for benefits from 1986-1993. She apparently lost benefits when she failed to respond to Social Security Administration inquiries.
In her present request for benefits, the administrative law judge determined that Ms. Willard had the residual functional capacity to perform light duty jobs including jobs such as a bench assembler, hand packager, or a laundry folder. However, there is no evidence in the record that Ms. Willard ever held such positions, or for that matter, has ever held any position in the workforce other than in a sheltered workshop or a special employment program. For these reasons, I believe Ms. Willard is entitled to benefits.
A true copy.
Reference
- Full Case Name
- Patti M. WILLARD, Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Appellee
- Status
- Unpublished