John L. Dover v. Otis R. Bowen, Sec'y of Health & Human Servs., 784 F.2d 335 (8th Cir. 1986). · Go Syfert
John L. Dover v. Otis R. Bowen, Sec'y of Health & Human Servs., 784 F.2d 335 (8th Cir. 1986). Cases Citing This Book View Copy Cite
“the alj must consider a claimant's allegation that he has not sought treatment or used medications because of lack of finances”
49 citation events (12 in the last 25 years) across 16 distinct courts.
Strongest positive: Ellis v. Saul (alsd, 2017-11-14)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ellis v. Saul
S.D. Ala. · 2017 · quote attribution · 1 verbatim quote · confidence high
the alj must consider a claimant's allegation that he has not sought treatment or used medications because of lack of finances
discussed Cited as authority (rule) Dean Miller v. Commissioner of Social Security
M.D. Fla. · 2020 · confidence medium
See Dawkins, 848 F.2d at 1213-14 (stating that when an ALJ’s finding that a claimant is not disabled is “inextricably tied to [a] finding of noncompliance,” an ALJ is required to determine whether the claimant’s “poverty excuses noncompliance”); Ellison v. Barnhart, 355 F.3d 1272, 1275 (11th Cir. 2003) (indicating that “if [a] claimant’s failure to follow medical treatment is not one of the principal factors in [an] ALJ’s decision, then the ALJ’s failure to consider the claimant’s ability to pay will not constitute reversible error”); see also Lovelace, 813 F.2d at 59 (…
discussed Cited as authority (rule) Bennett v. Saul (2×) also: Cited "see, e.g."
S.D. Ala. · 2019 · confidence medium
Dover v. Bowen, 784 F.2d 335, 337 (8th Cir. 1986); see also Dawkins v. Bowen, 848 F.2d 1211, 1213 (11th Cir. 1988) (favorably citing Dover, supra, for the proposition just cited in reaching its conclusion that “poverty excuses noncompliance.”).
discussed Cited as authority (rule) Moore v. Saul (CONSENT)
M.D. Ala. · 2019 · confidence medium
See, e.g., Lovelace, 813 F.2d at 59 (“To a poor person, a medicine that he cannot afford to buy does not exist”); Lovejoy v. Heckler, 790 F.2d 1114, 1117 (4th Cir.1986) (failure to follow prescribed treatment does not preclude reaching the conclusion that a claimant is disabled when the failure is justified by lack of funds); Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) (“the ALJ must consider a claimant's allegation that he has not sought treatment or used medications because of lack of finances”); Teter v. Heckler, 775 F.2d 1104, 1107 (10th Cir.1985) (inability to afford surgery …
discussed Cited as authority (rule) Stewart v. Astrue
N.D. Fla. · 2008 · confidence medium
See, e.g., Lovelace, 813 F.2d at 59 (“To a poor person, a medicine that he cannot afford to buy does not exist”); Lovejoy v. Heckler, 790 F.2d 1114, 1117 (4th Cir.1986) (failure to follow prescribed treatment does not preclude reaching the conclusion that a claimant is disabled when the failure is justified by lack of funds); Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) (“the ALJ must consider a claimant’s allegation that he has not sought treatment or used medications because of lack of finances”); Teter v. Heckler, 775 F.2d 1104, 1107 (10th Cir.1985) (inability to afford surger…
discussed Cited as authority (rule) Hamilton v. Barnhart
E.D. Mo. · 2005 · confidence medium
Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) ("[T]he ALJ must consider a claimant's allegation that he has not sought medical treatment or used medications because of a lack of finances."); see also Hutsell v. Sullivan, 892 F.2d 747 , 751 n. 2 (8th Cir.1989) ("It is for the ALJ in the first instance to determine a claimant's real motivation for failing to follow prescribed treatment or seek medical attention.").
discussed Cited as authority (rule) White v. Barnhart
N.D. Ala. · 2004 · confidence medium
See, e.g., Lovelace, 813 F.2 d at 59 ("To a poor person, a medicine that he cannot afford to buy does not exist”); Love-joy v. Heckler, 790 F.2d 1114, 1117 (4th Cir.1986) (failure to follow prescribed treatment does not preclude reaching the conclusion that a claimant is disabled when the failure is justified by lack of funds); Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) ("the ALJ must consider a claimant’s alie- *1187 gation that he has not sought treatment or used medications because of lack of finances”); Teter v. Heckler, 775 F.2d 1104, 1107 (10th Cir.1985) (inability to afford …
discussed Cited as authority (rule) Lacy v. Barnhart
N.D. Ala. · 2004 · confidence medium
See, e.g., Lovelace v. Bowen, 813 F.2d 55, 59 (5th Cir.1987) ("To a poor person, a medicine that he cannot afford to buy does not exist); Lovejoy v. Heckler, 790 F.2d 1114, 1117 (4th Cir.1986) (failure to follow prescribed treatment does not preclude reaching the conclusion that a claimant is disabled when the failure is justified by lack of funds); Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) ("the ALJ must consider a claimant’s allegation that he has not sought treatment or used medications because of lack of finances”); Teter v. Heckler, 775 F.2d 1104, 1107 (10th Cir.1985) (inabilit…
discussed Cited as authority (rule) Cronon v. Barnhart
N.D. Ala. · 2003 · confidence medium
See, e.g., Lovelace v. Bowen, 813 F.2d 55, 59 (5th Cir.1987) ("To a poor person, a medicine that he cannot afford to buy does not exist”); Lovejoy v. Heckler, 790 F.2d 1114, 1117 (4th Cir.1986) (failure to follow prescribed treatment does not preclude reaching the conclusion that a claimant is disabled when the failure is justified by lack of funds); Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) ("the ALJ must consider a claimant's allegation that he has not *1292 sought treatment or used medications because of lack of finances”); Teter v. Heckler, 775 F.2d 1104, 1107 (10th Cir.1985) (i…
discussed Cited as authority (rule) Young v. Barnhart
N.D. Ala. · 2002 · confidence medium
See, e.g., Lovelace v. Bowen, 813 F.2d 55, 59 (5th Cir.1987) ("To a poor person, a medicine that he cannot afford to buy does not exist”); Lovejoy v. Heckler, 790 F.2d 1114, 1117 (4th Cir.1986) (failure to *1196 follow prescribed treatment does not preclude reaching the conclusion that a claimant is disabled when the failure is justified by lack of funds); Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) (“the ALJ must consider a claimant's allegation that he has not sought treatment or used medications because of lack of finances”); Teter v. Heckler, 775 F.2d 1104, 1107 (10th Cir.1985) …
discussed Cited as authority (rule) Davis v. Callahan
S.D. Iowa · 1997 · confidence medium
In Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986), the Court held that it is reversible error for the ALJ not to expressly recognize that the Secretary has the burden to prove that a claimant who cannot do past relevant work “could perform other jobs in the national economy.” In Brown v. Heckler, 787 F.2d 447, 448-449 (8th Cir. 1986), the ALJ wrote that the claimant had shown that he had severe impairments which prevented him from doing his past relevant work but had “failed to establish that he is precluded from all types of work activity”.
discussed Cited as authority (rule) Saleem v. Chater
10th Cir. · 1996 · confidence medium
This policy is reflected in decisions of the Eighth Circuit that a claimant is not considered free from disabling pain because he does not take medications to which he fears becoming addicted, see Dover v. Bowen, 784 F.2d 335, 337 (8th Cir. 1986), and of the Seventh Circuit that a claimant need not take medications to which he has a reasonable fear of becoming addicted, even if such medications could relieve his pain and make him able to work.
discussed Cited as authority (rule) Suhiyr SALEEM, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee
10th Cir. · 1996 · confidence medium
This policy is reflected in decisions of the Eighth Circuit that a claimant is not considered free from disabling pain because he does not take medications to which he fears becoming addicted, see Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986), and of the Seventh Circuit that a claimant need not take medications to which he has a reasonable fear of becoming addicted, even if such medications could relieve his pain and make him able to work.
examined Cited as authority (rule) Nannie MICKLES, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellee (4×) also: Cited "see, e.g."
4th Cir. · 1994 · confidence medium
See Lovejoy v. Heckler, 790 F.2d 1114, 1117 (4th Cir.1986) (in evaluating allegations of disabling pain, "a claimant may not be penalized for failing to seek treatment she cannot afford"); Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986).
discussed Cited as authority (rule) Futrell v. Shalala
E.D.N.C. · 1994 · confidence medium
See also Lovelace v. Bowen, 813 F.2d 55, 59 (5th Cir.1987) (“[t]o a poor person, a medicine that he cannot afford to buy does not exist”); Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) (“the ALJ must consider a claimant’s allegation that he has not sought treatment or used medications because of a lack of finances”); Social Security Ruling 82-59 (1982) (inability to pay for treatment is a good reason for a refusal to follow prescribed treatment).
cited Cited as authority (rule) Jon P. Dray v. Railroad Retirement Board
7th Cir. · 1993 · signal: cf. · confidence medium
Cf. Stith v. Railroad Retirement Bd., 902 F.2d 1284, 1287 (7th Cir.1990) (citing Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986)).
examined Cited as authority (rule) Marcia REED, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee (4×) also: Cited "see", Cited "see, e.g."
8th Cir. · 1993 · confidence medium
Dictionary of Occupational Titles 347 (4th ed. 1977). 9 See Dover, 784 F.2d at 337-38 ("on remand, assuming the evidence as developed does not conclusively establish that appellant is disabled, we believe that vocational expert testimony is needed to satisfy the Secretary's burden [when the ALJ concludes that a claimant cannot return to previous work] of demonstrating the availability of jobs in the national economy that appellant could perform") 10 See Adm.Rec. at 121, 195, 246, 257, 261, 265, 274, 279, 281, 284, 311, 317, 322
discussed Cited as authority (rule) Connie L. BAKER, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Appellee (2×)
8th Cir. · 1992 · confidence medium
Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986).
cited Cited as authority (rule) Rick Johnson v. Otis R. Bowen, Secretary of Health and Human Services
8th Cir. · 1989 · signal: cf. · confidence medium
Cf. Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) (claimant reported “dire financial troubles” to physician).
discussed Cited as authority (rule) Evelyn Grace DAWKINS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant-Appellee
11th Cir. · 1988 · confidence medium
See, e.g., Lovelace, 813 F.2d at 59 (“To a poor person, a medicine that he cannot afford to buy does not exist”); Lovejoy v. Heckler, 790 F.2d 1114, 1117 (4th Cir.1986) (failure to follow prescribed treatment does not preclude reaching the conclusion that a claimant is disabled when the failure is justified by lack of funds); Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) (“the ALJ must consider a claimant’s allegation that he has not sought treatment or used medications because of lack of finances”); Teter v. Heckler, 775 F.2d 1104, 1107 (10th Cir.1985) (inability to afford surger…
discussed Cited as authority (rule) Folks v. Secretary (2×) also: Cited "see, e.g."
8th Cir. · 1987 · confidence medium
Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) (Dover ).
discussed Cited as authority (rule) Folks v. Secretary of the Department of Health & Human Services of the United States (2×) also: Cited "see, e.g."
8th Cir. · 1987 · confidence medium
Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) (Dover).
cited Cited as authority (rule) L.B. LOVELACE, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee
5th Cir. · 1987 · confidence medium
Dover v. Bowen, 784 F.2d 335, 337 (8th Cir. 1986); Benson v. Heckler, 780 F.2d 16, 18 (8th Cir.1985); Tome v. Schweiker, 724 F.2d 711, 714 (8th Cir.1984). 28 .
discussed Cited "see" Pyatt v. Saul
E.D. Mo. · 2021 · signal: see · confidence high
See Dover v. Bowen, 784 F.2d 335, 337 (8th Cir. 1986) (ALJ must consider a claimant’s allegation that he has not sought medical treatment because of lack of finances where record included physician reports noting claimant’s financial situation).
cited Cited "see" James L. Stith v. The United States of America Railroad Retirement Board
7th Cir. · 1990 · signal: see · confidence high
See Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986).
discussed Cited "see" Wagoner v. Bowen
W.D. Mo. · 1986 · signal: see · confidence high
See Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986) (“Although it is permissible in assessing the severity of pain for an AU to consider a claimant's medical treatment and medications, the AU must consider a claimant’s allegation that he has not sought medical treatment or used medications because of lack of finances.”) See also Tome v. Schweiker, 724 F.2d 711, 714 (8th Cir,1984).
cited Cited "see, e.g." Sumler v. Bowen
W.D. Ark. · 1987 · signal: see, e.g. · confidence medium
See, e.g., Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986).
cited Cited "see, e.g." Bradshaw v. Heckler
8th Cir. · 1987 · signal: see, e.g. · confidence medium
See, e.g., Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986); Lanning v. Heckler, 777 F.2d 1316, 1317 (8th Cir.1985).
cited Cited "see, e.g." Bradshaw v. Heckler
8th Cir. · 1987 · signal: see, e.g. · confidence medium
See, e.g., Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986); Lanning v. Heckler, 111 F.2d 1316, 1317 (8th Cir.1985).
cited Cited "see, e.g." James D. LEWIS, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee
8th Cir. · 1987 · signal: see, e.g. · confidence medium
See, e.g., Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986).
discussed Cited "see, e.g." BELINDA SANDERS v. KENNETH S APFEL, Commissioner of Social Security
unknown court · signal: see also · confidence medium
In Lovelace, we held that if “the claimant cannot afford the prescribed treatment or medicine, and can find no way to obtain it, ‘the condition that is disabling in fact continues to be disabling in law.’” Id. at 59 (quoting Taylor v. Bowen, 782 F.2d 1294, 1298 (5th Cir. 1986)); see also Dover v. Bowen, 784 F.2d 335, 337 (8th Cir. 1986) (holding that ALJ “must consider a claimant’s allegation that he has not sought medical treatment or used medications because of a lack of finances”).
Retrieving the full opinion text from the archive…
John L. DOVER, Appellant,
v.
Otis R. BOWEN, Secretary of Health and Human Services, Appellee
85-1223.
Court of Appeals for the Eighth Circuit.
Feb 20, 1986.
784 F.2d 335
Anthony W. Bartels, Jonesboro, Ark., for appellant., Virginia Cronan, Health and Human Services, Baltimore, Md., for appellee.
McMillian, Gibson, Murphy.
Cited by 37 opinions  |  Published
McMILLIAN, Circuit Judge.

John L. Dover appeals from a final judgment of the District Court for the Eastern District of Arkansas affirming a decision of the Secretary of Health and Human Services (Secretary) denying his applications for disability insurance benefits and supplemental security income benefits. For the reasons discussed below, we reverse and remand.

Appellant, who has had four back operations, was born in 1951 and has the equivalent of a high school education. His employment history includes work in industrial maintenance and in construction. From 1978 until 1980 appellant received disability benefits due to a back injury. After the Secretary informed him in 1980 that his disability had ceased and terminated his benefits, appellant returned to maintenance and construction work.

The medical evidence reveals that in July 1981, following a work-related injury to his back, Dr. Thomas Miller performed a partial hemilaminectomy and removed a herniated nucleus pulposus. Dr. Miller released appellant to return to maintenance work in October 1981. In January 1982 appellant again sustained a work-related back injury and was hospitalized with a diagnosis of lumbosacral sprain with radiculopathy.

In February 1982 appellant was examined by Dr. James McClure, a consulting physician for the Secretary. Dr. McClure diagnosed post-operative removal of lower lumbar discs with a solid and mature fusion, functional overlay, and compensation overlay. In March 1982 appellant was hospitalized for a kidney stone manipulation. In June 1982 appellant had hernia repair by Dr. James Drake, who reported that from a surgical standpoint appellant should be able to return to work in August 1982. However, since July 1982 appellant has not returned to work.

At the May 1983 administrative hearing, appellant testified that he was unable to work because of severe pain. He testified that he took three medications, which kept him “pretty well down.” He stated that his daily activities were confined to sitting and reading or bed rest.

The administrative law judge (AU) denied benefits, finding that although appellant could not perform his past work he had the ability to perform light work and accordingly was not disabled. The AU concluded that appellant’s allegations of se[*337] vere disabling pain were not credible because appellant had not taken any steps consistent with disabling pain. The AU specifically rioted that appellant had received minimal medical attention and had used minimal medications.

After the AU’s denial of benefits, appellant submitted medical reports by Drs. Yelvington and Bogaev to the Appeals Council. Outpatient progress notes from Dr. Yelvington indicate that appellant had been seen in the emergency room several times in January and. February of 1983 for back pain. In a note dated January 25, 1983, Dr. Yelvington stated, “I have a feeling that this man really does have back pain but ... that this is a person that has been caught up in the surgery-pain-surgery cycle____” In a February 1, 1983, note, Dr. Yelvington stated that he had explained to appellant “that he has a chronic back pain and this is not curable as we now know it.” Dr. Yelvington reported that he was investigating biofeedback in an attempt to relieve appellant’s pain but noted that appellant had “dire financial troubles.” Dr. Yelvington also stated that he would not prescribe any more narcotic medications because of his suspicion that appellant was becoming addicted. In April 1983 Dr. Yelvington hospitalized plaintiff for low back pain, neck stiffness, and a headache. At that time Dr. Yelvington believed that appellant had “some psychiatric problems with depression” and prescribed Elavil and Thorazine.

Appellant also submitted a report from Dr. Bogaev who stated that in August 1983 appellant had kidney stone removal and that he believed that appellant’s complaints of pain at that time were primarily due to the kidney stone and not to his back.

The Appeals Council reviewed the reports but found that the reports did not provide a basis for vacating the AU’s decision.

The Secretary has committed several errors that warrant reversal and remand. First, although the AU concluded that appellant could not return to his previous work, the AU did not expressly recognize that the Secretary has the burden of proof to establish that appellant could perform other jobs in the national economy. This court has held “if the AU fails to expressly recognize this shift in the administrative decision, we must assume that the burden of proof was improperly allocated.” Lanning v. Heckler, 111 F.2d 1316, 1317 (8th Cir.1985). “Since this is not a case where we can say for certain that the claimant either would have won or lost irrespective of who shouldered the burden of proof, we must remand.” Id. See also Ulrick v. Heckler, 780 F.2d 1381, 1382-1383 (8th Cir.1985).

Second, we also believe the AU erroneously discounted appellant’s allegations of disabling pain. Although it is permissible in assessing the severity of pain for an AU to consider a claimant’s medical treatment and medications, the AU must consider a claimant’s allegation that he has not sought medical treatment or used medications because of a lack of finances. Tome v. Schweiker, 724 F.2d 711, 714 (8th Cir.1984). In this record appellant reported to physicians that he had no financial resources. In addition, contrary to the AU’s findings that appellant had used few pain medications, the record indicates that appellant used various prescribed pain medications but that the medications provided him little relief and caused side effects. In addition, we note that Dr. Yelvington discontinued prescribing narcotic medications because he feared that appellant was becoming addicted. The AU also erred in discounting appellant’s allegations of pain because he failed to consider whether appellant’s pain had a psychological origin, as evidenced by the 1982 consulting physician’s report. Mellon v. Heckler, 739 F.2d 1382, 1383 (8th Cir.1984). We also note that by 1983 appellant was diagnosed as having depression. On remand the AU should further investigate any possible mental impairments during the period covered by these applications.

On remand, assuming the evidence as developed does not conclusively estab[*338] lish that appellant is disabled, we believe that vocational expert testimony is needed to satisfy the Secretary's burden of demonstrating the availability of jobs in the national economy that appellant could perform. See Day v. Heckler, 781 F.2d 663, 665 (8th Cir.1986).

Accordingly, this case is reversed and remanded to the district court with instructions to remand to the Secretary for further proceedings consistent with this opinion.