Jana Turpin v. Carolyn W. Colvin
750 F.3d 989
8th Cir.2014Background
- Turpin applied for disability insurance benefits alleging COPD and emphysema, with onset June 30, 2005, which was also her date last insured.
- Her work history includes property manager (1985–1993), school bus driver (1994–1997), dishwasher (1998–2001), receptionist (2007–2008), and sales in a hardware store (1997).
- Treating physician Dr. Stastny and pain specialist Dr. Chaplick treated back problems beginning in 2005, including radiculopathy and epidural injections, with inconsistent long-term treatment patterns.
- An ALJ denied benefits in 2011 after a hearing, adopting a limited RFC through June 30, 2005 and crediting Dr. Lorber’s non-treating opinion while discounting Dr. Stastny’s opinion.
- Vocational expert testified that, given the RFC, a person could perform jobs such as cashier, subassembler, or photocopy machine operator, not Turpin’s past work.
- The district court reversed, but the Eighth Circuit reversed the district court and affirmed the ALJ’s denial, holding substantial evidence supported the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of medical opinions | Stastny’s treating opinion should be given controlling weight. | Stastny’s opinion is not well supported and inconsistent with other medical evidence; Lorber’s opinion is better supported. | ALJ properly weighed opinions; rejected Stastny in favor of other substantial evidence. |
| Credibility of Turpin’s testimony | Turpin’s subjective complaints are credible and consistent with the record. | ALJ properly discounted credibility based on medical records and improvement prior to 2005. | ALJ provided substantial reasons and evidence for credibility assessment. |
| Severity findings and duration | Lumbar radiculopathy, chronic bronchitis, and depression were severe impairments and should be considered. | Record does not show these conditions were disabling or lasted through the relevant period. | ALJ’s failure to list these as severe impairments was supported by substantial evidence; duration requirement satisfied or not applicable for the period. |
Key Cases Cited
- Bentley v. Shalala, 52 F.3d 784 (8th Cir. 1995) (treating-physician weight not automatic)
- Nevland v. Apfel, 204 F.3d 853 (8th Cir. 2000) (non-examining opinion not substantial evidence alone)
- Landess v. Weinberger, 490 F.2d 1187 (8th Cir. 1974) (role of non-treating opinions in evaluation)
- Prosch v. Apfel, 201 F.3d 1010 (8th Cir. 2000) (discounting treating opinions when inconsistent)
- Edwards v. Barnhart, 314 F.3d 964 (8th Cir. 2003) (consideration of credibility and treatment evidence)
- Cox v. Barnhart, 471 F.3d 902 (8th Cir. 2006) (ALJ credibility determinations require substantial evidence)
- Estes v. Barnhart, 275 F.3d 722 (8th Cir. 2002) (impairments not disabling if controllable by treatment)
- Forte v. Barnhart, 377 F.3d 892 (8th Cir. 2004) (hypothetical need only include credible impairments)
- Reutter ex rel. Reutter v. Barnhart, 372 F.3d 946 (8th Cir. 2004) (court defers to ALJ's evaluation of evidence)