Milam v. Colvin, No. 14-3240 (8th Cir. 2015)
Annotate this CaseMilam applied for disability insurance benefits in 2011, identifying conditions of back pain, knee pain, hip pain, and osteoporosis and a 2009 disability onset date—the same day she was laid off. Milam had worked for 20 years, most recently as an administrative assistant. The ALJ noted his general suspicions about claimants who are "laid off—they work until the last day and then all of a sudden they're disabled," noting that after alleged onset date, Milam received unemployment benefits and looked for a new job. Milam testified that she can drive for only 20 minutes without back and hip pain, can sit for only 30 minutes continuously before needing to stand, can lift five to ten pounds, has limited ability to bend her back, and has difficulties rotating and squatting. She testified that she is in pain "24/7" and sleeps four to five hours per night. She submitted letters from three former coworkers stating that Milam was absent from work up to five days per month. The ALJ found that Milam was not disabled, but could perform sedentary work with restrictions. The Appeals Council denied her request for review. The district court and Eighth Circuit affirmed the denial as supported by substantial evidence.
Court Description: Smith, Author, with Beam and Bye, Circuit Judges] Civil case - Social Security. The IJ did not err in discrediting the treating physician's opinion as it was inconsistent with his conclusion that claimant could return to work, claimant's daily activities, and the other medical evidence in the case; the IJ properly evaluated and discredited claimant's subjective complaints of disabling pain; the hypothetical question posed the Vocational Expert was consistent with the objective medical evidence. Judge Bye, dissenting.
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