At page 21 Evaluating evidence and termination of sequential evaluation36 citing cases“the report of a consulting physician who examined the claimant only once does not constitute 'substantial evidence' upon the record as a whole, especially when contradicted by the claimant's treating physician.”
- Martinez, No. 3:25-cv-00239 (E.D. Ark. July 8, 2026).An impairment is severe if it has “more than a minimal effect on the claimant’s ability to work.” See Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir. 1992) (internal quotations omitted).
- Turner v. Soc. Sec. Admin., No. 3:23-cv-00013 (E.D. Ark. Nov. 13, 2023).An impairment is severe if it has “more than a minimal effect on the claimant’s ability to work.” See Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir. 1992) (quoting Hudson v. Bowen, 870 F.2d 1392, 1396 (8th Cir. 1989)).
- Biggers v. Soc. Sec. Admin., No. 4:22-cv-01245 (E.D. Ark. Sept. 18, 2023).An impairment is severe if it has “more than a minimal effect on the claimant’s ability to work.” See Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir. 1992) (quoting Hudson v. Bowen, 870 F.2d 1392, 1396 (8th Cir. 1989) (sequential evaluati…
- Green v. Soc. Sec. Admin., No. 3:20-cv-00322 (E.D. Ark. Jan. 12, 2022).An impairment is severe if it has “more than a minimal effect on the claimant’s ability to work.” See Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir. 1992) (internal quotations omitted).
- Morgan v. Saul, No. 4:19-cv-02358 (E.D. Mo. Sept. 23, 2020).“These assessments alone cannot be considered substantial evidence in the face of the conflicting assessment of a treating physician.” Singh v. Apfel, 222 F.3d 448, 452 (8th Cir. 2000) (citing Henderson v. Sullivan, 930 F.2d 19, 21 (8th Ci…
- Robinson v. Soc. Sec. Admin., No. 2:18-cv-00149 (E.D. Ark. Aug. 12, 2019).An impairment is severe if it has “more than a minimal effect on the claimant’s ability to work.” See Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir. 1992) [internal quotations omitted].
- Simmons v. Soc. Sec. Admin. Comm'r, No. 3:17-cv-03046 (W.D. Ark. June 20, 2018).Nguyen v. Chater, 75 F.3d 429, 431 (8th Cir. 1996), citing Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir. 1991) The procedure of terminating the process at step two has been upheld by the United States Supreme Court in Bowen v. Yuckert,…
- Arevalo v. Berryhill, No. 4:16-cv-04173 (D.S.D. Jan. 30, 2018).But non-treating physicians’ assessments “alone cannot be considered substantial evidence [to support the ALJ’s RFC finding] in the face of the conflicting assessment of a treating physician.” Singh v. Apfel, 222 F.3d 448, 452 (8th Cir. 20…
- Pavao v. Berryhill, No. 5:16-cv-05066 (D.S.D. Sept. 29, 2017).As the Singh court stated regarding non-treating physicians’ opinions, “[t]hese assessments alone cannot be considered substantial evince in the face of the conflicting assessment of a treating physician.” Singh, 222 F.3d at 452 (citing He…
- Moraine v. Soc. Sec. Admin., 695 F. Supp. 2d 925 (D. Minn. 2010).publishedSee, Page v. Astrue, 484 F.3d 1040, 1043 (8th Cir.2007); Kirby v. Astrue, supra; Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991); SSR 96-3p.
Show 21 more citing cases
- Giles v. Barnhart, 368 F. Supp. 2d 924 (N.D. Iowa 2005).published “Likewise, the testimony of a vocational expert who responds to a hypothetical based on such evidence is not substantial evidence upon which to base a denial of benefits.” Singh v. Apfel, 222 F.3d 448, 452 (8th Cir.2000) (“These assessment…
- Darrell E. Jenkins v. Kenneth S. Apfel, 196 F.3d 922 (8th Cir. 1999).published Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir. 1991).
- Johnson v. Callahan, 968 F. Supp. 449 (N.D. Iowa 1997).publishedThe Eighth Circuit has “on repeated occasions emphasized that the treating physician’s evidence must be given great weight, with deference to the physician’s findings over an examining physician or consultant.” Morse v. Shalala, 16 F.3d 86…
- Thang T. NGUYEN v. Shirley S. CHATER, 75 F.3d 429 (8th Cir. 1996).publishedHenderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991).
- Thang T. Nguyen v. Shirley S. Chater, No. 95-2332 (8th Cir. Feb. 2, 1996).publishedHenderson v. Sullivan, 930 F.2d 19, 21 (8th Cir. 1991).
- Garnet Morse v. Donna E. Shalala, 16 F.3d 865 (8th Cir. 1994).published See Thompson v. Sullivan, 957 F.2d 611, 614 (8th Cir.1992); Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991); Hancock v. Secretary of the Dep’t of Health, Educ. and Welfare, 603 F.2d 739, 740 (8th Cir.1979) (“[T]he report of a consult…
- Riley v. Shalala, 849 F. Supp. 679 (E.D. Ark. 1993).publishedHenderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991).
- Daniel v. Kijakazi, No. 1:20-cv-00049 (E.D. Mo. Sept. 13, 2021).See Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991).
- Wakefield v. Colvin, 185 F. Supp. 3d 1107 (S.D. Iowa 2016).publishedSee Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991).” In the opinion of this Court, there is no substantial evidence, including the treatment notes, which detracts from, or conflicts with Dr. Dasari’s opinion.
- Kirby v. Astrue, 500 F.3d 705 (8th Cir. 2007).published See Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991).
- Wiekamp v. Apfel, 116 F. Supp. 2d 1056 (N.D. Iowa 2000).publishedSee Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991).
- Baldeo K. Singh v. Kenneth S. Apfel, 222 F.3d 448 (8th Cir. 2000).publishedSee Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991).
- Baldeo Singh v. Kenneth S. Apfel, 217 F.3d 586 (8th Cir. 2000).publishedSee Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991). *591 Also, Dr. Baker is a specialist, a neurologist, while the consulting physicians are not.
- Baldeo K. Singh v. Kenneth S. Apfel, No. 99-2366 (8th Cir. June 20, 2000).publishedSee Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991). -6- Also, Dr. Baker is a specialist, a neurologist, while the consulting physicians are not.
- Stella L. Schafer v. Kenneth S. Apfel, No. 99-1683 (8th Cir. Sept. 16, 1999).unpublished(although ALJ’s opinion did not specifically acknowledge governing standard for termination at step two, reading of record and opinion convinced court that correct standard was applied)
- Hershel Jones, Jr. v. Shirley Chater, 122 F.3d 1148 (8th Cir. 1997).published ([T]he report of a consulting physician who examined the claimant only once does not constitute 'substantial evidence' upon the record as a whole, especially when contradicted by the claimant's treating physician.)
- Mary Jane Brown v. Donna E. Shalala, 5 F.3d 545 (10th Cir. 1993).publishedSee Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991). 16 Furthermore, even if Dr. Fish were considered a treating physician, good cause exists for discounting his opinion, based upon his examination in 1990, that claimant was disabled…
- Viola BROWNING v. Louis W. SULLIVAN, 958 F.2d 817 (8th Cir. 1992).publishedSee Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991).
- Edward Thompson v. Louis W. Sullivan, 957 F.2d 611 (8th Cir. 1992).publishedSee Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991) (citing cases).
- Sandy A. Johnston v. Kenneth S. Apfel, 210 F.3d 870 (8th Cir. 2000).published See, e.g., Nguyen v. Chater, 75 F.3d 429, 431 (8th Cir. 1996) (holding sequential evaluation analysis may only be terminated at step 2 when impairment or combination of impairments would have no more than a minimal effect on claimant’s abi…
- Dorothy M. RILEY v. Donna E. SHALALA, 18 F.3d 619 (8th Cir. 1994).publishedSee, e.g., Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991). *623 The report from the psychiatrist deals with complaints that were never made before the administrative law judge.
Other citing cases
- Woods, No. 4:26-cv-00057 (E.D. Ark. Sept. 1, 2026).
- United States v. Pulham, No. 16-8019 (10th Cir. May 24, 2018).unpublished
- Aesthetic Eye Assocs. PS v. Alderwood Surgical Ctr. LLC, No. 2:22-cv-00773 (W.D. Wash. Oct. 4, 2022).
v.
Louis W. Sullivan, M.D., Secretary of Health and Human Services
Ruby Henderson appeals from the District Court’s [1] order affirming the denial of her application for disability insurance benefits. We affirm.
Ms. Henderson applied for disability benefits on February 2, 1987. Her application was denied, and she requested a hearing before an administrative law judge (AU). The AU found Ms. Henderson did not suffer from a severe impairment and denied her claim. The Appeals Council affirmed the AU’s decision, but the District Court remanded for further consideration of Ms. Henderson’s subjective complaints of pain. The AU then held a second evidentiary hearing.
The claimant’s testimony at the two hear-^ ings revealed that she injured her back while working as a nurse’s aide on September 5, 1986. The injury caused pain in her lower back, legs, neck, and head, and numbness on her right side. She testified that because of the injury, she could not walk or stand for extended periods, or bend and lift heavy objects. Ms. Henderson also testified that she suffered from constant depression. She took prescription medication for her physical pain and her nerves. Claimant also presented testimony from four lay witnesses, who generally corroborated her statements regarding her limited physical activities.
The medical evidence established that Ms. Henderson strained her lower back at work. Her treating physicians, however, found no physical disability and were unable to explain why her back pain persisted. Concerning her psychological condition, Darryl Johnson, M.S., a psychological examiner at the South Arkansas Regional Health Center, diagnosed Ms. Henderson with “dysthymic disorder.” [2] Johnson had treated her on numerous occasions since 1978. He noted that her condition improved substantially when she took her medication, encouraged her to increase her activities, and determined no additional treatment was necessary. Ms. Henderson returned to the Center on two subsequent occasions and obtained additional medication.
The AU found that the claimant did not have a severe impairment, because her problems did not significantly limit her ability to perform basic work-related activities. After considering the factors set forth in Polaski v. Heckler, 751 F.2d 943 (8th Cir.1984) (subsequent history omitted), the AU concluded that Ms. Henderson’s subjective complaints of disabling pain were not credible. Ms. Henderson appealed the AU’s decision and submitted additional psychological evidence in support of her claim. [3] The Appeals Council considered the additional evidence and found that it did not provide a basis for changing the AU’s conclusions. The District Court agreed, and this appeal followed.
On appeal, Ms. Henderson argues that the AU’s finding that she did not suffer from a severe impairment is not supported by substantial evidence; therefore, the AU erred by terminating the five-step sequential evaluation process at step two. Our standard of review is clear. “We must uphold the ... denial of benefits if it is supported by substantial evidence on the record as a whole.” Burns v. Sullivan, 888 F.2d 1218, 1219 (8th Cir.1989) (per cu-riam).
[*21] The record reveals substantial support for the ALJ’s findings. The medical evidence established that Ms. Henderson had no significant physical disability. Similarly, Ms. Henderson’s psychological examiner, Darryl Johnson, reported that she did not suffer from a disabling mental illness. After carefully considering the factors set forth in Polaski, the AU rejected Ms. Henderson’s subjective complaints of pain because they were inconsistent with the other evidence. See Burns, 888 F.2d at 1220 (subjective complaints may be discounted where inconsistent with the whole record).
The claimant contends that Dr. Harrendorf’s opinion supports a finding of severe psychological impairment. We disagree. “[T]he report of a consulting physician who examined the claimant once does not constitute ‘substantial evidence’ upon the record as a whole, especially when contradicted by the claimant’s treating physician.” See Lanning v. Heckler, 777 F.2d 1316, 1318 (8th Cir.1985) (quoting Hancock v. Secretary of Dept. of Health, Educ. and Welfare, 603 F.2d 739, 740 (8th Cir.1979)). Dr. Harrendorf’s opinion conflicts with Johnson’s diagnosis. Johnson had treated Ms. Henderson for a number of years and his diagnosis is therefore entitled to greater weight. We have consistently discounted the opinions of non-treating physicians who have seen the patient only once, at the request of the Social Security Administration. There is no reason to treat differently the opinion of a non-treating physician who has seen the patient only once, at the request of the patient or her lawyer.
Finally, Ms. Henderson argues that the AU improperly terminated the sequential evaluation process at step two because he used the wrong standard to evaluate the severity of her impairments. The AU concluded that the claimant’s impairments did not “significantly limit her' ability to perform basic work-related activities.” Ms. Henderson correctly points out that the process may be terminated at step two only when an impairment or combination of impairments would have “no more than a minimal effect on the claimant’s ability to work.” Hudson v. Bowen, 870 F.2d 1392, 1396 (8th Cir.1989). The AU’s opinion does not explicitly acknowledge that this is the governing standard. Our reading of the record and of the opinion in their entirety, however, convinces us that the AU substantially complied with the correct legal standard.
Accordingly, we affirm.
. The Honorable Oren Harris, Senior United States District Judge for the Eastern and Western Districts of Arkansas.
. The "essential feature" of dysthymia "is a chronic disturbance of mood involving depressed mood.” Diagnostic and Statistical Manual of Mental Disorders 230 (3d ed. rev. 1987) (DSM-III-R). The impairment of social and occupational functioning as a result of the disorder is usually mild or moderate. Id. at 231.
.The new evidence was a letter from Dr. Cagle Harrendorf, a specialist in psychosomatic medicine, which stated Henderson suffered from “conversion of affect syndrome." This is a loss of physical functioning that suggests a physical disorder but is actually an expression of psychological conflict. DSM-III-R at 393. Harren-dorf thought that Henderson would benefit most from inpatient psychological treatment.