Jessie Nash v. Commissioner, Social Security
Opinion
Jessie Mae Nash appeals the judgment of the district court upholding the Commissioner of Social Security's denial of her application for disability insurance benefits and supplemental security income. Having jurisdiction under
I.
Nash, now 68, has a sixth-grade education and a general equivalency diploma. She worked as a telemarketer, recruiter, salesperson, medical assistant, and nursing-home aide. She claims a disability onset date of January 31, 2012-the day she was laid off as a recruiter. Though she sought work, she has not since engaged in substantial gainful activity.
Seven months later, Nash protectively filed for disability benefits, alleging problems with her back, right knee, and right thumb. Her medical history begins the next month, when she visited Dr. Adam C. Dooley. He diagnosed her with degenerative joint disease in her knee, mild arthritis in her thumb, morbid obesity, and lower *1089 back pain. The first record of treatment is six months later, at the emergency room after falling. She next visited a third doctor, Dr. William Joseph, for a general medical evaluation. He noted elevated blood pressure, joint pain in her knee, general abdominal pain, and urinary incontinence. He prescribed medications for knee pain, back pain, and overactive bladder. Nash then amended her limitations to include problems with her bladder and frequent urination.
At the hearing before the Administrative Law Judge (ALJ), Nash testified she is unable to work because of trouble sitting. She said that sitting is painful, and that she lies down and props up her feet to relieve the pain. She frequently uses the restroom, "always going back and forth to the bathroom."
The ALJ applied the five-step evaluation in the social security regulations.
See
The ALJ concluded that Nash was not disabled within the meaning of the Social Security Act between January 31, 2012 and October 16, 2014. The district court affirmed. Nash appeals.
II.
This court reviews de novo a decision affirming the denial of disability benefits.
See
Byes v. Astrue
,
Nash first argues that her RFC assessment is unsupported by substantial evidence because "the ALJ did not go over hypotheticals with the vocational expert that would address her having to lay down and prop up her feet or having to go to the bathroom frequently, during normal workday hours." It is "the ALJ's responsibility to determine [the claimant's] RFC based on all the relevant evidence, including medical records, observations of treating physicians and others, and [claimant's] own description of her limitations."
Anderson v. Shalala
,
*1090
While at least three doctors documented Nash's back pain, her medical records do not include any directions to lie down and prop up her feet. True, Dr. Dooley recommended she avoid bending, squatting, or prolonged standing or walking, but he also wrote she "should be able to sit, hold a conversation, respond appropriately to questions, carry out and remember instructions." Nash testified she performs personal tasks, housework, and errands. She visits friends several times a week. These "regular physical activities ... undermine her assertion that she is unable to perform even sedentary work."
Milam v. Colvin
,
As for her bladder condition, no medical source identified it as a disabling limitation. Dr. Joseph's diagnoses do include urinary incontinence, and he prescribed medication for it. 1 But, his notes identify neither a basis for the diagnosis nor any accompanying limitations. Nash did testify that even with the medication, she needed to use the bathroom frequently. But, she also testified that her last job made allowances for her frequent breaks.
"Credibility determinations are the province of the ALJ."
Julin v. Colvin
,
An ALJ must include "only those impairments and limitations he found to be supported by the evidence as a whole in his hypothetical to the vocational expert."
Perkins v. Astrue
,
Nash next argues the ALJ did not comply with Social Security Ruling 96-8p, which requires assessing Nash's RFC on a "function-by-function" basis.
Social Security Ruling 96-8p
,
Finally, Nash argues that the Magistrate Judge erred by denying her request for another hearing. Nash is not entitled to another hearing. The district court does not find additional facts, but determines whether the Commissioner's decision is supported by substantial evidence in the record.
See
* * * * * * *
The judgment is affirmed.
The district court's statement-"While Nash reported bladder problems, the record is devoid of any diagnosis or treatment for such an issue"-is incorrect, but does not affect this court's de novo review.
Nash v. Berryhill
, No. 416-CV-00053,
Reference
- Full Case Name
- Jessie Mae NASH, Plaintiff - Appellant v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant - Appellee
- Cited By
- 269 cases
- Status
- Published