Behre v. Astrue
1:13-cv-00018
E.D. Mo.Feb 10, 2014Background
- Plaintiff Gail Behre, age 53 at hearing, applied for Title II Disability Insurance Benefits alleging onset in 2006 (amended to Jan 1, 2009); appeal from ALJ denial affirmed by Appeals Council.
- ALJ found severe impairments: lumbar degenerative disc disease, COPD with ongoing tobacco use, osteoarthritis, myalgia/arthralgia, depression, and anxiety.
- ALJ assessed an RFC: light work (20 lb occasionally, 10 lb frequently), sit/stand/walk up to 6 hours each in an 8-hour day with brief position changes hourly, occasional postural activities, no ladders/ropes/scaffolds, avoid pulmonary irritants/extreme humidity, limited to simple/routine or familiar semi-skilled tasks.
- VE testified the past job of sales attendant fit those limitations; ALJ found plaintiff could perform past relevant work and denied benefits at Step Four.
- Plaintiff challenged the decision in federal court arguing the ALJ failed to follow SSR 96-8p (RFC), improperly weighed medical opinions, improperly rejected sleep apnea/myalgia, and improperly discounted her testimony.
- District Court affirmed, holding the ALJ’s RFC and credibility findings were supported by substantial evidence and the ALJ applied appropriate legal standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RFC formulation / SSR 96-8p | ALJ failed to explain how RFC was formulated; record lacks rationale | ALJ based RFC on entire record (medical records, testimony, opinions) and applied SSR 96-8p | Court: ALJ adequately considered evidence and explained reasons; RFC supported by record |
| Weighing medical opinions | ALJ improperly rejected treating/other medical opinions limiting work | Opinions lacked objective support and were inconsistent with records | Court: ALJ gave valid reasons to discount those opinions; decision supported by substantial evidence |
| Failure to develop/credit sleep apnea & myalgia/arthralgia | ALJ ignored or rejected these impairments as disabling | Medical record showed improvement with CPAP and conservative treatment; no objective support for severe fatigue | Court: No error; ALJ considered symptoms and included related restrictions in RFC |
| Credibility / subjective symptoms | ALJ improperly discredited plaintiff's testimony about pain, limitations, falls | ALJ applied Polaski factors, cited conservative treatment, objective findings, daily activities | Court: Credibility determination supported by good reasons and substantial evidence |
Key Cases Cited
- Moore v. Astrue, 572 F.3d 520 (8th Cir.) (RFC is most a claimant can do despite limitations)
- McCoy v. Astrue, 648 F.3d 605 (8th Cir.) (discussing five-step analysis)
- Polaski v. Heckler, 739 F.2d 1320 (8th Cir.) (factors for evaluating claimant's subjective complaints)
- Pate–Fires v. Astrue, 564 F.3d 935 (8th Cir.) (substantial-evidence standard for review)
- Renstrom v. Astrue, 680 F.3d 1057 (8th Cir.) (definition of substantial evidence)
- Lowe v. Apfel, 226 F.3d 969 (8th Cir.) (ALJ need not discuss each Polaski factor methodically)
- Cox v. Barnhart, 471 F.3d 902 (8th Cir.) (deference to ALJ credibility findings when supported)