The Secretary of Health and Human Services denied Robert J. Andres’ application for supplemental security income benefits under 42 U.S.C. §§ 1381-1383. Andres appeals the district court’s
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order accepting and supplementing the magistrate’s
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recommendation to affirm the Secretary’s decision,
Andres was born in 1956 and has completed nine years of formal education. He has worked as a mechanic, a floor man for a plastics company, a machine operator, and a laborer. He has not engaged in substantial gainful activity since January 1984.
Andres filed an application for supplemental security income benefits in June of 1985. The application was denied after initial consideration and reconsideration. Andres requested and was granted a hearing before an administrative law judge.
The hearing was held on June 3, 1986, and the following facts were developed. In 1979, Andres fell at work, injuring his right side, both shoulders, and right knee. Surgery was performed on his left shoulder. Andres testified that as a result of these injuries he cannot raise his left arm above chest level and can lift only five pounds with his left arm and twenty-five pounds with his right arm. Andres also testified that he has back spasms once a year and that he experiences back pain if he sits for more than twenty minutes.
Andres was involved in another work-related accident in 1984. He suffered first and second degree burns on his face, chest, and arms and claims to have lost all sensation in both hands due to nerve damage.
An eye examination in 1984 showed reduced visual acuity of 20/40 in his right eye and 20/200 in his left eye. His right eye was diagnosed as correctable to 20/20, and his left eye to 20/80. An examination in 1985 showed reduced visual acuity of 20/50 in his right eye and 20/200 in his left eye. Andres testified that he has dyslexia and cannot read or write.
Andres has complained of shortness of breath since 1984. In 1985 he was diagnosed as having bronchial asthma. Andres testified that he cannot walk more than one-half block without becoming short of breath. Bending and heavy lifting also cause him to become short of breath.
A vocational expert testified at the hearing that Andres did not have any acquired work skills that are transferrable to the skilled or semi-skilled work activity of other work. In response to a hypothetical question by the AU, the expert indicated that there were several thousand jobs in the St. Louis area that Andres could perform.
Andres appealed to the district court. After reviewing the AU’s decision, the magistrate recommended that the district court affirm the AU’s decision. The district court accepted this recommendation and filed a supplemental memorandum to explain why the absence of a portion of the hearing transcripts in the record did not require remand. Andres appeals the district court’s order, asserting that the AU erred in finding Andres was not credible with respect to several alleged impairments, that the AU’s hypothetical question to the vocational expert failed to precisely relate Andres’ impairments, and that fair judicial review is impossible because the record supplied by the Secretary does not contain a portion of the hearing transcript.
In reviewing the Secretary’s decision, we, like the district court, must determine whether that decision is supported by substantial evidence on the record as a whole. 42 U.S.C. § 1383(c), 405(g);
Jenkins v. Bowen,
Andres first challenges the AU’s refusal to credit Andres’ claims that he has dyslexia, numbness in his hands that interferes with all dexterity, and disabling visual impairments. The AU made specific findings with respect to each alleged impairment, pointing out inconsistencies in the record and stating reasons for his findings that these complaints were not credible. We have carefully reviewed the record and conclude that these determinations are supported by substantial evidence on the record as a whole.
Andres also argues that the hypothetical question the AU posed to the vocational expert failed to “precisely set out the claimant’s particular physical and mental impairments.”
Tennant v. Schweiker,
Finally, Andres argues that meaningful judicial review is not possible because the hearing transcript ends in the middle of Andres’ cross-examination of the vocational expert, the tape recording of the remainder of the hearing having been lost. According to Andres, the missing portion of the expert’s testimony involved modifications of the hypothetical question to account for the additional functional limitations alleged by Andres. We agree with the district court, however, that the AU’s written decision in effect reconstituted the
We affirm the district court’s order upholding the Secretary’s decision to deny benefits to Andres.
