Jeffrey Bates appeals from the district court’s 1 order affirming the decision of the Secretary of Health and Human Services (Secretary) to deny Bates disability insurance benefits. After reviewing the record, we affirm.
Bates applied for benefits in July 1991, and alleged that he had been disabled since he hurt his back in September 1990. His application was denied initially and upon reconsideration. Bates requested a hearing before an administrative law judge (ALJ).
The evidence before the ALJ showed that Bates was born in 1959, was married with four children, had a GED, and had formerly worked as a truck driver, dock worker, ce
At the hearing, it was uncontested that Bates could not return to his past relevant work, most of which was classified as medium to very heavy work. Thus, the key to this case is whether the ALJ properly posed the hypotheticals upon which the vocational expert (VE) based his testimony that Bates could perform sedentary work. The first hypothetical presented a claimant who was 32 years old and possessed a GED; who could lift and carry 20 pounds occasionally and 10 pounds frequently; who could climb, balance, stoop, kneel, crouch, and crawl on an occasional basis; and who could sit 45 to 60 minutes without interruption and walk for longer periods. Based upon this hypothetical, the VE testified that the claimant could perform sedentary, unskilled work. Bates’s counsel stipulated to this conclusion. For the second hypothetical, the ALJ added the limitation that the claimant could not perform constant bending and twisting throughout the day and could only drive a maximum of 30 minutes at one time. In response, the VE testified that the claimant would still be able to perform the same unskilled sedentary jobs as before. The third hypothetical posed by the ALJ added the restriction that the claimant would have to take unscheduled rest breaks at least once a day, lasting from 15 to 60 minutes. The VE testified that this claimant would be precluded from competitive employment because he would miss too much time from work. Bates’s counsel then posed a fourth hypothetical to the VE, based on the earlier three, and adding the restrictions that the claimant would need to make postural changes every hour and could not reach overhead more than occasionally; that frequent kneeling, bending, stooping, squatting, and twisting at the waist would result in excessive pain; and that pain existed such that it affected his appetite and sleep and caused depression. In response to this hypothetical, the VE testified that the claimant would be precluded from competitive employment because he could not maintain a consistent work pace and concentration.
The ALJ concluded that Bates was not disabled and thus not entitled to benefits. Evaluating Bates’s complaints of pain in accordance with
Polaski v. Heckler,
The Appeals Council denied Bates’s request for review, the district court affirmed, and this appeal followed.
In reviewing the Secretary’s decision to deny disability benefits, we will affirm if the decision is supported by substantial evidence on the record as a whole.
Chamberlain v. Shalala,
It is uncontested that under the five-step burden-shifting framework set forth in 20 C.F.R. § 404.1520, the first four elements were met: Bates had not engaged in substantial gainful employment since his injury, he had a serious impairment, he did not meet the criteria of a listed presumptive disability, and he was unable to return to his past relevant work. Thus, the burden shifted to the Secretary to show that there are other jobs in the local and national economy that Bates can perform.
See Robinson v. Sullivan,
Naturally, Bates argues that the first two hypotheticals did not take into consideration all relevant factors, and that the VE’s response to the last two hypotheticals — that the claimant would be precluded from competitive employment — should control. We disagree. The last two hypotheticals primarily added two factors which the ALJ discounted. First, the ALJ discounted Bates’s claim that he is suffering from depression. Bates’s support for his allegation consisted of his and his wife’s testimony that he felt differently than he used to, got angry, yelled, had lost interest in hobbies, and thought about suicide. There was also a statement made by one of his treating physicians, Dr. Michael Cullen, who, in a summary of his initial evaluation of Bates, stated that “there is a significant element of depression and this is felt to be reactionary in character”; and a statement by Dr. Ronald Pawl, a pain specialist who examined Bates on one occasion, whose evaluation letter stated that “Mr. Bates is a somatizer.” Such conelusory statements, without medical diagnoses based on objective evidence, do not support a finding that Bates suffered from depression.
Chamberlain,
Second, the ALJ discounted Bates’s allegations of pain. Our review of the record convinces us that the ALJ correctly used the criteria set forth in
Polaski,
Finally, Bates argues that the VE’s testimony should be discredited. In response to an ALJ request for types of sedentary work Bates could perform, the VE listed checker, reviewer, and sorter as examples of “a number of jobs that would fall under the category of clerical unskilled sedentary.” Bates argues that because the
Dictionary of Occupational Titles
classifies these as semiskilled jobs, the VE’s testimony is not consistent with the source materials the VE relied upon, and is thus fatally flawed. We disagree. First, we rejected a similar argument to the one Bates advances in
House,
Substantial evidence supports the Secretary’s decision. Accordingly, we affirm.
