Melissa C. Pirtle, Appellant, v. Michael J. Astrue, Commissioner, Social Security Administration, Appellee.
No. 06-2363
United States Court of Appeals FOR THE EIGHTH CIRCUIT
March 15, 2007
Submitted: December 15, 2006
SHEPHERD, Circuit Judge.
Melissa C. Pirtle applied for disability insurance benefits (“DIB“) and supplemental security income benefits (“SSI“) pursuant to Titles II and XVI of the Social Security Act,
Pirtle applied for benefits on June 15, 2001. At the time of the administrative law judge‘s (“ALJ“) decision, Pirtle was thirty-two years old and had a high school education. She had past relevant work experience as a sewing machine operator, dairy laborer, and dairy milking machine operator. Pirtle alleged an onset date of April 1, 2000, in her applications for benefits. However, the onset date was later amended to reflect the alleged onset date of June 7, 2001. The amendment was necessary to properly reflect the relevant periods of her prior unsuccessful applications for benefits, from which she sought no judicial review.
Pirtle alleged she was entitled to disability benefits due to degenerative joint disease of the knee, fibromyalgia, joint pain, headaches, stomach pain, heart palpitations, fatigue, neck strain, gastritis, lumbar pain and strain, scoliosis, and thoracic strain. Following the sequential analysis, the ALJ first found that Pirtle had not engaged in substantial gainful activity during the relevant period. At steps two and three of the sequential analysis, the ALJ found that Pirtle‘s impairments were “severe” within the meaning of the Social Security Act, but that the impairments did not meet or equal any listed impairment. At the fourth step, the ALJ determined that Pirtle had the residual functional capacity (“RFC“) to perform a significant range of light work, including the ability to “occasionally lift 20 pounds and frequently carry 10 pounds . . . stand and walk a total of 4 hours daily, 2 hours at a time . . . sit 4 hours daily, for 1 hour at a time . . . occasionally climb, stoop, kneel, crouch, and bend.”
On December 10, 2003, the administrative law judge (“ALJ“) issued the final decision of the Commissioner denying Pirtle‘s claims. Following the denial of review by the Appeals Council, Pirtle appealed the denial of benefits to the district court. The district court affirmed the findings of the Commissioner. From that decision, Pirtle appeals.
On appeal, Pirtle argues that the ALJ erred by: 1) declining to give controlling weight to the opinion of her primary treating physician; 2) failing to consider the severity and disabling nature of fibromyalgia; and 3) finding her testimony less than fully credible.
II.
This court reviews a district court‘s decision upholding the denial of social security benefits de novo. Pelkey v. Barnhart, 433 F.3d 575, 577 (8th Cir. 2006). If the decision of the Commissioner is supported by substantial evidence on the record as a whole, we must affirm. Harris v. Barnhart, 356 F.3d 926, 928 (8th Cir. 2004). Substantial evidence is less than a preponderance, but enough that a reasonable mind would find it adequate to support the ALJ‘s determination. Guilliams v. Barnhart, 393 F.3d 798, 801 (8th Cir. 2005). We must consider the evidence which detracts from
III.
Pirtle argues that the ALJ erred in failing to give appropriate and controlling weight to the opinion of Michael D. Ball, D.O., her primary treating physician. We are not persuaded by Pirtle‘s argument.
A treating physician‘s opinion is due “controlling weight” if that opinion is “‘well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the] record.‘” Prosch v. Apfel, 201 F.3d 1010, 1012-13 (8th Cir. 2000) (quoting
Dr. Ball completed two RFC assessments for Pirtle. The first was completed on March 16, 2001, and the second was completed on July 18, 2003. Dr. Ball‘s March 16, 2001, RFC analysis indicated that Pirtle has the following work related abilities and restrictions: frequently lift/carry five pounds; occasionally lift/carry ten pounds; stand/walk for three hours; sit for four hours; perform only limited push/pull motions;
In the July 18, 2003, RFC assessment, Dr. Ball stated that Pirtle had the following abilities and restrictions: frequently lift/carry ten pounds; occasionally lift/carry twenty-five pounds; stand/walk for four hours; sit for four hours; unlimited push/pull; frequently balance; occasionally climb, stoop, kneel, crouch and bend; frequently reach, handle, finger and feel; environmental restrictions include heights and climbing; and, estimated that it would be helpful in coping with symptoms to rest thirty minutes every three hours during an eight hour workday.
Following a review of the medical evidence and the administrative hearing, the ALJ determined that Pirtle has the following RFC:
occasionally lift 20 pounds and frequently carry 10 pounds, stand and walk a total of 4 hours daily, 2 hours at a time . . . sit 4 hours daily, for 1 hour at a time . . . occasionally climb, stoop, kneel, crouch, and bend . . . should avoid heights and hazardous unprotected moving equipment . . . would benefit from 15 minute rest periods every 3 hours.
As the ALJ noted, the RFC finding “is consistent with Dr. Ball‘s [July 18, 2003] assessment, with the exception of his estimate of 30 minute rest periods, which is inconsistent with the assessment of claimant‘s treating rheumatologist, and with the other evidence of record.”
The ALJ properly relied on the portion of Dr. Ball‘s opinion which was supported by substantial record evidence and properly disregarded the unsupported advisory portion of the treating physician‘s RFC opinion. The record establishes that Dr. Ball saw Pirtle numerous times during the relevant time period for a wide variety of complaints, including sinusitis, cough, congestion, GERD, palpitations, fibromyalgia, joint pain and frequent requests for medication refills. The ALJ determined that Pirtle‘s RFC was consistent with Dr. Ball‘s July 18, 2003 RFC assessment with the exception of Dr. Ball‘s reference to the advisability of thirty minute rest periods. Instead, the ALJ determined that Pirtle would benefit from fifteen minute rest periods. The ALJ considered the RFC analysis of Pirtle‘s treating rheumatologist, as well as the other evidence of record discounting this single portion of Dr. Ball‘s opinion. Further, we note that Dr. Ball‘s RFC assessment does not assert that the thirty minutes of rest every three hours is required. Rather, he indicates that such rest would be beneficial. Dr. Ball‘s treatment records do not indicate that he advised Pirtle to rest thirty minutes every three hours, nor do the treatment notes reflect that Pirtle reported that she experienced the need to rest for thirty minutes every three hours. Likewise, the treatment notes do not reflect that Pirtle routinely asserted fatigue as a complaint to Dr. Ball. The other evidence of record, Dr. Ball‘s
Next, Pirtle contends that the ALJ erred in his consideration and analysis of the severity of her fibromyalgia. We reject Pirtle‘s challenge. We have previously recognized that fibromyalgia is a chronic condition which is difficult to diagnose and may be disabling, Garza v. Barnhart, 397 F.3d 1087, 1089 (8th Cir. 2005) (per curiam), and the ALJ properly found Pirtle‘s fibromyalgia to be a severe impairment and took the impairment into account when determining Pirtle‘s RFC. The ALJ specifically noted that Pirtle received sporadic treatment for joint pain and muscle spasms, but the treatment notes place a greater emphasis on treatment for menstrual cramping and bleeding, as well as pelvic pain. The medical records reveal only a minimal mention of musculoskeletal pain after mid-2001. After finding fibromyalgia to be one of Pirtle‘s severe impairments, the ALJ thoroughly analyzed Pirtle‘s fibromyalgia and treatment thereof during the relevant period. Thus, the ALJ properly analyzed and considered Pirtle‘s fibromyalgia.
Finally, Pirtle asserts that the ALJ erred in finding Pirtle‘s testimony less than credible. We cannot agree with Pirtle‘s assertion, because the ALJ‘s credibility determination was based on valid reasons. See Gregg v. Barnhart, 354 F.3d 710, 714 (8th Cir. 2003) (“If an ALJ explicitly discredits the claimant‘s testimony and gives good reason for doing so, we will normally defer to the ALJ‘s credibility determination.“). Pirtle and her husband testified that she was severely disabled. However, Pirtle also made inconsistent reports of her activities of daily living, such as the ability to: regularly drive a manual-transmission vehicle; shop; perform housework, such as cooking, cleaning, and washing dishes; fish; attend church two to three times per week; care for her personal needs; and home-school her two children. Because the ALJ‘s credibility determination was based on good reasons and supported
Accordingly, we affirm the judgment of the district court.