Valentine v. Commissioner Social Security Administration
Filed July 20, 2009
Cite as 08-35374

ALJ has Residual Function Capacity

Jerry Valentine (Valentine) suffered head combat injury when he was still a member of the Navy. When he got out of the Navy, he held several jobs, most recently as a “parts man” for Cummins Northwest Incorporated (Cummins), a diesel contributor.

When he retired from Cummins in 2004, Valentine filed an application for Social Security disability insurance with the Social Security Administration (SSA) in March 2005 alleging disability the previous year.

Valentine complained of post-traumatic stress disorder (PTSD), a combination of depression and sleep deprivation (sometimes cognitive disorder secondary sleep deprivation) and degenerative joint disease in his right shoulder and left knee. The PSTD seemed to result from his head injury which worsened in the wake of his brother’s death. He received treatment at the Veterans Administration Medical Center from September 2000 to the date of the hearing of his application before the Administrative Law Judge (ALJ).

During the treatment, Valentine was able to improve his disability rating from 30 to 70 percent. There were also noted improvements in his work product at Cummins. He even stopped regular visits with his doctor. The Department of Veterans Affairs increased his disability rating to 100 percent upon his request.

Adding to his PTSD, Valentine sustained two physical injuries which he underwent for surgeries. According to the physical examination, the injuries did not cause him any significant physical impairment.

The ALJ, in denying Valentine’s claim, considered all his medical records. ALJ found that Valentine “has the residual functional capacity to perform a limited range of medium exertion work.” In fact, he could lift up to 50 pounds.

The Appeals Council refused to grant a review. Consequently, he filed a civil action in the district court to get judicial review of the agency’s decision. But the district court also denied the benefits. Hence, Valentine appealed.

The United States Court of Appeals, in affirming the judgment of the district court made the following ruling:

1. ALJ did not err in making residual functional capacity (RFC) determination with respect to Valentine where RFC actually incorporated evidence allegedly ignored.
   
   The ALJ did not ignore the medical records and assessments made by Valentine’s doctors because they were already incorporated in the evidence submitted to the ALJ.


2. ALJ did not err in giving lesser weight to or rejecting testimony supporting Valentine where ALJ provided specific and legitimate reasons for doing so, supported by substantial record evidence.
   
   ALF identified a contradiction in Dr. Van Male’s opinion by repeatedly reporting Valentine as “unemployable while acknowledging that he was continuing to work full-time.” Male own treatment progress reports showed Valentine to have “improved functioning at work and encouraging comments he received from company officials.”
   
   Hence, ALJ was justified in rejecting VA’s 100 percent disability rating on Valentine on the basis that the ALJ had evidence that the VA did not have.

In view of the foregoing, the district court’s decision was affirmed.