Charles E. HAJEK, Appellant, v. Donna E. SHALALA, Sec'y of Health & Human Servs., Appellee, 30 F.3d 89 (8th Cir. 1994). · Go Syfert
Charles E. HAJEK, Appellant, v. Donna E. SHALALA, Sec'y of Health & Human Servs., Appellee, 30 F.3d 89 (8th Cir. 1994). Cases Citing This Book View Copy Cite
“taken as a whole, the claimant's limitations from his impairments appear to restrict him to sedentary work.”
105 citation events (72 in the last 25 years) across 11 distinct courts.
Strongest positive: Prince v. Social Security Administration (ared, 2025-06-23)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Prince v. Social Security Administration (2×) also: Cited as authority (rule)
E.D. Ark. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
taken as a whole, the claimant's limitations from his impairments appear to restrict him to sedentary work.
discussed Cited as authority (rule) Toni L. Mikel v. Social Security Administration
E.D. Ark. · 2026 · confidence medium
The case should be dismissed, with prejudice. 8 See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (ALJ properly considered the combined effects of impairments when the ALJ noted that the evidence as a whole did not show claimant’s symptoms would preclude all work). 7 IT IS SO ORDERED this 5" day of January, 2026.
discussed Cited as authority (rule) Jennings v. O'Malley
E.D. Mo. · 2025 · confidence medium
Such statements reflect that the ALJ has “properly considered the combined effects of [Plaintiff]’s impairments.” Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994) (statement that ALJ did not consider combined effects of impairments was unfounded where ALJ noted each impairment and found that the impairments, alone or combined, were not of listing-level severity).
discussed Cited as authority (rule) Roach v. Social Security Administration
E.D. Ark. · 2024 · confidence medium
(Tr. at 19, 546, 651, 673). 5 See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994)(ALJ properly considered the combined effects of impairments when the ALJ noted that the evidence as a whole did not show claimant’s symptoms would preclude all work).
cited Cited as authority (rule) Davault v. Saul
E.D. Mo. · 2022 · confidence medium
Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (citing Social Security Ruling 83-10).
discussed Cited as authority (rule) Lyons v. Kijakazi
D. Neb. · 2021 · confidence medium
See Buckner v. Astrue, 646 F.3d 549, 558 (8th Cir. 2011) (“The ALJ did not err by failing to discuss expressly some of the other factors, including any side effects from [claimant’s] medications.”); Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (dismissing claim that the ALJ committed error by failing to discuss statements regarding the side effects of medications where “there was no evidence that he ever mentioned these side effects to his physicians.”); see also Sanders v. Astrue, No. 4:08CV3125, 2009 WL 226031 , at *11 (D.
discussed Cited as authority (rule) Hammond v. Commissioner of Social Security
D. Neb. · 2021 · confidence medium
The glossary defines terms like “light work,” “residual functional capacity,” and others; these definitions are binding on the Commissioner. 20 C.F.R. § 422.406 (b)(1) (“Social Security Rulings. . . are binding on all components of the Administration”); Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (citing Carter v. Sullivan, 909 F.2d 1202 , 1202 (8th Cir. 1990)) (“Secretary's failure to consider definitions in SSR 83–10 constituted plain abuse of discretion”); see also Hepp v. Astrue, 511 F.3d 798, 807 (8th Cir. 2008) (relying on the definition of “medium work” in SS…
cited Cited as authority (rule) McFeeters v. Social Security Administration Commissioner
W.D. Ark. · 2020 · confidence medium
Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994).
discussed Cited as authority (rule) Sabriye v. Saul
D. Minnesota · 2020 · confidence medium
The ALJ should also consider the POMS, see Shontos v. Barnhart, 328 F.3d 418, 424 (8th Cir. 2003), and Social Security Regulations, see 20 C.F.R. § 402.35 (b)(1); Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994).
discussed Cited as authority (rule) Sanders v. Social Security Administration
E.D. Ark. · 2020 · confidence medium
She faults the ALJ for failing to state in his opinion that he had evaluated her impairments in combination. (#13 at 9 citing Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994)) This argument is not supported by the record.
discussed Cited as authority (rule) Randall v. Social Security Administration Commissioner
W.D. Ark. · 2019 · confidence medium
Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (where ALJ found that claimant did not have impairment or combination equaling listing-level impairment and referred to evidence as a whole, ALJ properly considered combined effect of impairments).
discussed Cited as authority (rule) Green v. Social Security Administration Commissioner
W.D. Ark. · 2018 · confidence medium
In considering impairments in combination, the ALJ is required to consider the “evidence as a whole” and is required to collectively consider the claimant’s “impairments.” See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (emphasis added).
cited Cited as authority (rule) Novick v. Social Security Administration Commissioner
W.D. Ark. · 2017 · confidence medium
Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994).
discussed Cited as authority (rule) Martise v. Astrue (2×) also: Cited "see, e.g."
8th Cir. · 2011 · confidence medium
A review of the record reveals that Martise’s “eonclusory statement is unfounded,” Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994), because, as the district court found, the ALJ “fully summarized all of plaintiffs medical records and separately discussed each of plaintiffs alleged impairments.” The ALJ expressly found that Martise “does not have an impairment or combination of impairments that meets or medically equals any of the listed impairments .... ” Based on the ALJ’s synopsis of Martise’s medical records and discussion of each of Martise’s alleged impairments, we co…
discussed Cited as authority (rule) Renee Brown v. Michael J. Astrue
8th Cir. · 2009 · confidence medium
Finally, the ALJ considered the mental health listings and Brown did not establish that she met the requirements for a listed impairment, see Gonzales v. Barnhart, 465 F.3d 890, 894 (8th Cir.2006) (claimant bears burden of establishing that impairment meets or equals listed impairment), and the ALJ stated that he was considering her impairments in combination, see Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994) (where ALJ found that claimant did not have impairment or combination equaling listing-level impairment and referred to evidence as a whole, ALJ properly considered combined effect of i…
discussed Cited as authority (rule) Susan George v. Michael Astrue
8th Cir. · 2008 · confidence medium
P, App. 1, 1.02 (listing for major dysfunction of a joint); Kirby v. Astrue, 500 F.3d 705, 707 (8th Cir.2007) (claimant bears burden of establishing severe impairment), and properly considered her impairments in combination, see Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994).
discussed Cited as authority (rule) Sandra Miles v. JoAnne B. Barnhart
8th Cir. · 2004 · confidence medium
This appeal followed. -6- DISCUSSION “Generally, our review is limited to determining whether the ALJ’s decision is based on a correct view of the law and is supported by substantial evidence on the record as a whole.” Hajek v. Shalala, 30 F.3d 89, 91-92 (8th Cir. 1994).
discussed Cited as authority (rule) Latonya Lewis-Leavy v. Jo Anne B. Barnhart
8th Cir. · 2004 · confidence medium
We find no merit in Lewis-Leavy’s remaining arguments: the ALJ’s opinion reflects that he considered her impairments in combination, see Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994); and at the hearing LewisLeavy requested only a consultative examination for her hidradenitis suppurativa (which was obtained) without indicating a need for a mental health assessment, and the record sufficiently supports the ALJ’s conclusion that Lewis-Leavy’s depression was not severe, see Haley v. Massanari, 258 F.3d 742, 749-50 (8th Cir.2001) (ALJ may issue decision without obtaining additional evide…
discussed Cited as authority (rule) Sandra Miles v. Jo Anne B. Barnhart, Commissioner of Social Security Administration
8th Cir. · 2004 · confidence medium
DISCUSSION “Generally, our review is limited to determining whether the ALJ’s decision is based on a correct view of the law and is supported by substantial evidence on the record as a whole.” Hajek v. Shalala, 30 F.3d 89, 91-92 (8th Cir.1994).
discussed Cited as authority (rule) Leah Cook v. Jo Anne B. Barnhart
8th Cir. · 2004 · confidence medium
See Craig v. Apfel, 212 F.3d 433, 436 (8th Cir.2000) (ALJ is not required to discuss all evidence, and failure to cite specific evidence does not mean it was not considered); Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994) (conclusory statement that ALJ did not consider combined effects of impairments was unfounded where ALJ noted each impairment and found that impairments, alone or combined, were not of listing-level severity).
discussed Cited as authority (rule) Farion Walker v. Jo Anne B. Barnhart
8th Cir. · 2002 · confidence medium
As to Walker’s remaining arguments, the ALJ adequately weighed the Department of Veterans Affairs’ disability determination, see Morrison v. Apfel, 146 F.3d 625, 628 (8th Cir.1998), and properly considered the combined effects of Walker’s impairments, see Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994).
discussed Cited as authority (rule) Sharon A. Meister v. Jo Anne Barnhart
8th Cir. · 2002 · confidence medium
We reject Meister’s remaining arguments as well: the ALJ was not required to contact the lay references Meister provided or to obtain a consultative examination, see Haley v. Massanari, 258 F.3d 742, 749-50 (8th Cir.2001) (ALJ may issue decision without obtaining added medical evidence if existing evidence provides sufficient basis for decision), and the ALJ considered the combined effect of Meister’s impairments, as required, see Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994).
discussed Cited as authority (rule) Helen Marie Lee v. Kenneth S. Apfel
8th Cir. · 2001 · confidence medium
Contrary to Lee’s assertions on appeal, we conclude the ALJ (1) developed the record fully and fairly, see 20 C.F.R. § 404.1517 (2001); (2) made residual-functional-capacity and credibility findings which are supported by substantial evidence in the record as a whole, see Ply v. Massanari, 251 F.3d 777, 779 (8th Cir. 2001) (per curiam); Dunahoo v. Apfel, 241 F.3d 1033, 1038 (8th Cir.2001); (3) considered Lee’s impairments in combination, see Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994); (4) properly found Lee’s lumbar disc disease was not of listing-level severity, see 20 C.F.R. pt.…
discussed Cited as authority (rule) Frank Caruso v. Kenneth Apfel
8th Cir. · 2001 · confidence medium
See Ply v. Massanari, 251 F.3d 777, 779 (8th Cir.2001) (per curiam) (ALJ is responsible for determining residual functional capacity based on all relevant evidence, including medical records, observations of treating physicians and others, and claimant’s description of his limitations); Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994) (conclusory statement that ALJ failed to consider combined effects of impairments was unfounded where ALJ noted each impairment and concluded that impairments, alone or in combination, were not of listing-level severity).
cited Cited as authority (rule) Sterling Turnipseed v. Kenneth S. Apfel
8th Cir. · 2000 · signal: cf. · confidence medium
Cf. Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994).
discussed Cited as authority (rule) Penny M. Thunburg v. Kenneth Apfel
8th Cir. · 2000 · confidence medium
We further conclude that the ALJ properly discredited Thunburg’s subjective complaints to the extent alleged, see Gray v. Apfel, 192 F.3d 799, 803-04 (8th Cir. 1999); that his hypothetical to the VE was adequate, see Prosch, 201 F.3d at 1015 ; and that he properly considered the combination of Thunburg’s impairments, see Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994).
discussed Cited as authority (rule) Howard D. Brown v. Kenneth S. Apfel
8th Cir. · 2000 · confidence medium
Finally, we agree with the district court that the ALJ could rely on the medical- vocational guidelines and was not required to consult a VE, as he properly discredited Mr. Brown’s alleged nonexertional impairments of depression and disabling pain, see Reynolds v. Chater, 82 F.3d 254, 259 (8th Cir. 1996); and that Mr. Brown’s combined- impairment argument fails, because the ALJ specifically noted his post-accident back, neck, shoulder, and leg problems, finding them severe but not of the listing level either alone or in combination, see Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994).
cited Cited as authority (rule) Robert Slaughter v. Kenneth Apfel
8th Cir. · 2000 · confidence medium
Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas. -2- Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994).
cited Cited as authority (rule) Metcalf v. Callahan
S.D. Iowa · 1997 · confidence medium
“This ruling is as binding on the [Commissioner] as the regulation on which it is based.” Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994) (citing 20 C.F.R. § 422.406 (b)(1)).
discussed Cited as authority (rule) Hanna v. Chater
N.D. Iowa · 1996 · confidence medium
See also Bates, 54 F.3d at 532 ; Johnston, 42 F.3d at 451 (citing Turpin v. Bowen, 813 F.2d 165, 170 (8th Cir.1987)); Hajek v. Shalala, 30 F.3d 89, 93 (8th Cir.1994) (citing Evans v. Shalala, 21 F.3d 832, 835 (8th Cir.1994)); Mitchell v. Shalala, 25 F.3d 712, 714 (8th Cir.1994); Smith, 31 F.3d at 717 (citing Cline v. Sullivan, 939 F.2d 560, 564 (8th Cir.1991)); Hajek, 30 F.3d at 93 (citing Evans, 21 F.3d at 835 ); Walker v. Shalala, 993 F.2d 630, 632 (8th Cir.1993) (citing Robinson, 956 F.2d at 841 ); Reed, 988 F.2d at 814 ; Edwards v. Secretary of Health and Human Servs., 809 F.2d 506, 507 (8…
discussed Cited as authority (rule) Wigg v. Chater (2×)
N.D. Iowa · 1995 · confidence medium
See also Johnston, 42 F.3d at 451 (citing Turpin v. Bowen, 813 F.2d 165, 170 (8th Cir.1987)); Hajek v. Shalala, 30 F.3d 89, 93 (8th Cir.1994) (citing Evans v. Shalala, 21 F.3d 832, 835 (8th Cir.1994)); Mitchell v. Shalala, 25 F.3d 712, 714 (8th Cir.1994); Smith, 31 F.3d at 717 (citing Cline v. Sullivan, 939 F.2d 560, 564 (8th Cir.1991); Hajek, 30 F.3d at 93 (citing Evans, 21 F.3d at 835 ); Walker v. Shalala, 993 F.2d 630, 632 (8th Cir.1993) (citing Robinson v. Sullivan, 956 F.2d 836, 841 (8th Cir.1992)); Reed v. Sullivan, 988 F.2d 812, 814 (8th Cir.1993)); Edwards v. Secretary of Health and Hu…
discussed Cited as authority (rule) Derrig v. Chater
N.D. Iowa · 1995 · confidence medium
See also Johnston, 42 F.3d at 451 (citing Turpin v. Bowen, 813 F.2d 165, 170 (8th Cir.1987)); Hajek v. Shalala, 30 F.3d 89, 93 (8th Cir.1994) (citing Evans v. Shalala, 21 F.3d 832, 835 (8th Cir.1994)); Mitchell v. Shalala, 25 F.3d 712, 714 (8th Cir.1994); Smith, 31 F.3d at 717 (citing Cline v. Sullivan, 939 F.2d 560, 564 (8th Cir.1991); Hajek, 30 F.3d at 93 (citing Evans, 21 F.3d at 835 ); Walker v. Shalala, 993 F.2d 630, 632 (8th Cir.1993) (citing Robinson v. Sullivan, 956 F.2d 836, 841 (8th Cir.1992)); Reed v. Sullivan, 988 F.2d 812, 814 (8th Cir.1993)); Edwards v. Secretary of Health and Hu…
discussed Cited as authority (rule) Alverio v. Chater (2×)
N.D. Iowa · 1995 · confidence medium
See also Johnston, 42 F.3d at 451 (citing Turpin v. Bowen, 813 F.2d 165, 170 (8th Cir.1987)); Hajek v. Shalala, 30 F.3d 89, 93 (8th Cir.1994) (citing Evans v. Shalala, 21 F.3d 832, 835 (8th Cir.1994)); Mitchell v. Shalala, 25 F.3d 712, 714 (8th Cir.1994); Smith, 31 F.3d at 717 (citing Cline v. Sullivan, 939 F.2d 560, 564 (8th Cir.1991); Hajek, 30 F.3d at 93 (citing Evans, 21 F.3d at 835 ); Walker v. Shalala, 993 F.2d 630, 632 (8th Cir.1993) (citing Robinson v. Sullivan, 956 F.2d 836, 841 (8th Cir.1992)); Reed v. Sullivan, 988 F.2d 812, 814 (8th Cir.1993)); Edwards v. Secretary of Health and Hu…
cited Cited as authority (rule) Bentley v. Shalala
8th Cir. · 1995 · confidence medium
E.g., Hajek v. Shalala, 30 F.3d 89, 93 (8th Cir.1994).
cited Cited as authority (rule) Bentley v. Shalala
8th Cir. · 1995 · confidence medium
E.g., Hajek v. Shalala, 30 F.3d 89, 93 (8th Cir.1994).
discussed Cited as authority (rule) Barry v. Shalala
N.D. Iowa · 1995 · confidence medium
See also Johnston, 42 F.3d at 451 (citing Turpin v. Bowen, 813 F.2d 165, 170 (8th Cir.1987)); Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir.1994) (citing Evans v. Shalala, 21 F.3d 832, 835 (8th Cir. 1994)); Mitchell v. Shalala, 25 F.3d 712, 714 (8th Cir.1994); Smith, 31 F.3d at 717 (citing Cline v. Sullivan, 939 F.2d 560, 564 (8th Cir.1991); Hajek, 30 F.3d at 93 (citing Evans, 21 F.3d at 835 ); Walker v. Shalala, 993 F.2d 630, 632 (8th Cir.1993) (citing Robinson v. Sullivan, 956 F.2d 836, 841 (8th Cir.1992); Reed v. Sullivan, 988 F.2d 812, 814 (8th Cir.1993)); Edwards v. Secretary of Health and Hu…
cited Cited as authority (rule) John R. SMITH, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee
8th Cir. · 1995 · confidence medium
E.g., Hajek v. Shalala, 30 F.3d 89, 93 (8th Cir.1994).
discussed Cited "see" Sanders v. Social Security Administration (2×)
E.D. Ark. · 2025 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (ALJ noted that the evidence as a whole did not show claimant’s symptoms would preclude all work and, thus, properly considered the combined effects of impairments).
discussed Cited "see" Hopkins v. Social Security Administration
D.N.D. · 2024 · signal: see · confidence high
June 30, 2014); see Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (“holding that statements such as ‘the evidence as a whole does not show that the claimant’s symptoms… preclude his past work as a janitor’ and ‘[t]he claimant’s impairments do not prevent him from preforming janitorial work…’ sufficiently establish that the ALJ properly considered the combined effects of the plaintiff’s impairments”).
discussed Cited "see" Stanley v. Social Security Administration Commissioner
W.D. Ark. · 2022 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (holding that statements such as “the evidence as a whole does not show that the claimant’s symptoms . . . preclude his past work as a janitor” and “[t]he claimant’s impairments do not prevent him from performing janitorial work . . .” sufficiently establish that the ALJ properly considered the combined effects of the plaintiff’s impairments).
discussed Cited "see" Wayne v. Social Security Administration
E.D. Ark. · 2021 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (ALJ properly considered the combined effects of impairments when the ALJ noted that the evidence as a whole did not show claimant’s symptoms would preclude all work).4 Wayne also claims that the ALJ did not properly evaluate his subjective complaints.
discussed Cited "see" Willis v. Social Security Administration Commissioner
W.D. Ark. · 2021 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (recognizing “[b]ased on these statements [regarding “evidence as a whole,” ”symptoms,” and “impairments”], we believe the ALJ properly considered 7 the combination effects of Hajek’s impairments”).
discussed Cited "see" Higgins v. Social Security Administration
E.D. Ark. · 2021 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994)(ALJ properly considered the combined effects of impairments when the ALJ noted that the evidence as a whole did not show claimant’s symptoms would preclude all work).
discussed Cited "see" Cook v. Social Security Administration
E.D. Ark. · 2021 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994)(ALJ properly considered the combined effects of impairments when the ALJ noted that the evidence as a whole did not show claimant’s symptoms would preclude all work).
discussed Cited "see" Woods v. Social Security Administration Commissioner (2×)
W.D. Ark. · 2021 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (holding that statements such as “the evidence as a whole does not show that the claimant’s symptoms . . . preclude his past work as a janitor” and “[t]he claimant’s impairments do not prevent him from performing janitorial work . . .” sufficiently establish that the ALJ properly considered the combined effects of the plaintiff’s impairments).
discussed Cited "see" Gonder v. Social Security Administration
E.D. Ark. · 2021 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994)(ALJ properly considered the combined effects of impairments when the ALJ noted that the evidence as a whole did not show claimant’s symptoms would preclude all work).
discussed Cited "see" Poulette v. Social Security Administration
E.D. Ark. · 2020 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994)(ALJ properly considered the combined effects of impairments when the ALJ noted that the evidence as a whole did not show claimant’s symptoms would preclude all work).
discussed Cited "see" Rock v. Social Security Administration
E.D. Ark. · 2020 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th 6 Cir. 1994)(the ALJ properly considered the combined effects of impairments when the ALJ noted that the evidence as a whole did not show claimant’s symptoms would preclude all work).
discussed Cited "see" Salazar v. Social Security Administration Commissioner (2×)
W.D. Ark. · 2018 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (holding that statements such as “the evidence as a whole does not show that the claimant’s symptoms . . . preclude his past work as a janitor” and “[t]he claimant’s impairments do not prevent him from performing janitorial work . . .” sufficiently establish that the ALJ properly considered the combined effects of the plaintiff’s impairments).
discussed Cited "see" Kennel v. Social Security Administration Commissioner (2×)
W.D. Ark. · 2018 · signal: see · confidence high
See Hajek v. Shalala, 30 F.3d 89, 92 (8th Cir. 1994) (holding that statements such as “the evidence as a whole does not show that the claimant’s symptoms . . . preclude his past work as a janitor” and “[t]he claimant’s impairments do not prevent him from performing janitorial work . . .” sufficiently establish that the ALJ properly considered the combined effects of the plaintiff’s impairments).
Retrieving the full opinion text from the archive…
45 soc.sec.rep.ser. 137, unempl.ins.rep. (Cch) P 14019b Charles E. Hajek
v.
Donna E. Shalala, Secretary of Health and Human Services
92-3842.
Court of Appeals for the Eighth Circuit.
Jul 20, 1994.
30 F.3d 89
Lawrence Earl Ray, St. Robert, MO, argued, for appellant., Joseph Moore, Asst. U.S. Atty., St. Louis, MO, argued (Frank V. Smith and Nancy K. Born, on the brief), for appellee.
McMillian, Henley, Wollman.
Cited by 78 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: E.D. Arkansas (1)
[*91] HENLEY, Senior Circuit Judge.

In November 1989 Charles E. Hajek applied for disability insurance benefits and Supplemental Security Income under the Social Security Act. After Hajek requested and received a hearing, an administrative law judge (ALJ) denied benefits. The Appeals Council denied review, so the ALJ’s decision became the final decision of the Secretary of Health and Human Services (Secretary). Hajek then brought suit in federal court. The case was referred to a magistrate judge, who recommended that the Secretary’s decision be affirmed. After the district court adopted this recommendation, Hajek appealed to this court. We reverse and remand.

I.

Hajek is a sixty year old male who previously worked as a school custodian (i.e. janitor). In November 1984 he entered a hospital for severe chest pain, and cardiac cathet-erization revealed severe coronary artery disease. He therefore underwent bypass surgery on November 28, 1984. In September 1985 he was in a hospital for repair of an incisional hernia. There were no complications related to either of these surgeries. In December 1985 Hajek again returned to the hospital after suffering chest pain. Tests indicated no major problems, and after learning Hajek had been involved in an automobile accident in which he struck his chest on the steering wheel, his physician diagnosed a probable acute myocardial contusion. There is no evidence of any further treatment regarding Hajek’s heart condition or hernia repair until he was examined following his application for benefits in November 1989.

Hajek returned to work sometime in 1985 and remained until November 12, 1987, the date on which he claims he became disabled. He testified before the ALJ that he had to leave his job because of extreme pain and fatigue in his left arm and left leg. He also testified to being unable to walk more than sixty or seventy yards at a time, to stand more than twenty minutes without fatigue, or to lift more than five or six pounds. He claimed he suffered daily pain in his chest and legs and pain in his arm about twice a month. He takes aspirin and nitrostat but no other medications because of side effects such as depression and disorientation.

The ALJ found that Hajek had a history of coronary artery disease, hernia repair, and chronic obstructive pulmonary disease. However, he rejected Hajek’s subjective complaints of chronic fatigue and weakness, shortness of breath, and pain. He then determined that Hajek’s residual functional capacity precluded heavy lifting or prolonged walking. Though Hajek could not return to the specific janitorial position he previously occupied, in that it required heavy lifting and prolonged walking, the ALJ concluded that he could perform “janitorial work as it is usually performed in the national economy, which requires only medium lifting and no prolonged walking.” The ALJ therefore concluded Hajek was not disabled under the Social Security Act.

While this case was pending in the district court, Hajek filed a second application for benefits. Upon review of that application, the Secretary determined that Hajek was indeed disabled and had been so since January 14, 1991. When the Secretary’s counsel in this case learned of the award, he filed a motion to dismiss the present appeal, claiming Hajek abandoned review of his first application when he accepted without appeal the determination made in his second application. Since oral argument, the Secretary has moved to withdraw the motion to dismiss, and the court hereby grants that request. We note that the issue of disability is now moot. The only remaining issue pertains to the disability onset date. Hajek claims it is November 14, 1987; the Secretary claims it is January 14, 1991.

II.

On appeal Hajek contends the ALJ erred by failing to consider his impairments in combination and by rejecting the credibility of his testimony. He also challenges the ALJ’s finding that he could return to janitorial work as it is usually performed in the national economy.

Generally, our review is limited to determining whether the ALJ’s decision is based on a correct view of the law and is supported by substantial evidence on the rec[*92] ord as a whole. Jackson v. Bowen, 873 F.2d 1111, 1113 (8th Cir.1989); Jelinek v. Bowen, 870 F.2d 457, 458 (8th Cir.1989). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Reed v. Sullivan, 988 F.2d 812, 814 (8th Cir.1993). In this particular case, we review factual findings" only for plain error, for Hajek failed to object to the report and recommendation of the magistrate judge, who found that the Secretary’s decision was supported by substantial evidence. Thompson v. Nix, 897 F.2d 356, 357 (8th Cir.1990).

Hajek first argues the ALJ failed to consider the combined effects of his impairments as required by 42 U.S.C. § 423(d)(2)(B). However, as noted by the magistrate judge, Hajek’s conelusory statement is unfounded. In particular, the ALJ found that

the claimant has a history of coronary artery disease, hernia repair, and chronic obstructive pulmonary disease, but that he has not had an impairment or combination of impairments listed in, or medically equal to one listed in Appendix 1, Subpart P, Regulations No. 4.

Moreover, when discrediting Hajek’s allegations of pain, the ALJ noted that “the evidence as a whole does not show that the claimant’s symptoms ... preclude his past work as a janitor.” (Emphasis added.) The ALJ reiterated this conclusion in his findings when he stated that “[t]he claimant’s impairments do not prevent him from performing janitorial work ...” (emphasis added). Based on these statements, we believe the ALJ properly considered the combined effects of Hajek’s impairments.

Hajek next contends the ALJ improperly rejected the credibility of his testimony because the ALJ failed to evaluate all of the evidence as required by Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984). However, we have reviewed the record and conclude that the ALJ properly considered all of the evidence, much of which refuted Hajek’s subjective complaints. In particular, the ALJ noted that Hajek had not received significant medical treatment between 1985 and 1989, that he was capable of performing significant daily activities, and that these activities suggest no functional restrictions. Moreover, though Hajek testified he had not driven for two years, the records before the ALJ indicated otherwise. The ALJ also noted that Hajek stopped taking some of his heart medication. Though Hajek contended this was due to side effects, there was no evidence that he ever mentioned these side effects to his physicians. Based on this evidence, the ALJ had good reason to reject Hajek’s subjective complaints. We will therefore not overturn his finding in this regard. Browning v. Sullivan, 958 F.2d 817, 821 (8th Cir.1992).

Hajek next contests the ALJ’s findings regarding his residual functional capacity. His argument focuses on inconsistencies between two of the ALJ’s findings. In particular, he claims the ALJ’s conclusion that he could perform janitorial work was error in fight of the underlying finding that he could not engage in prolonged walking. We agree.

Janitorial work is classified as medium in exertional requirements. Selected Characteristics of Occupations Defined in the Dictionary of Occupational Titles, U.S. Department of Labor (1981). 20 C.F.R. § 404.-1567(e) states that “[mjedium work involves lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds.” Social Security Ruling (SSR) 83-10 elaborates on this definition as follows: “A full range of medium work requires standing or walking, off and on, for a total of approximately 6 hours in an 8-hour workday in order to meet the requirements of frequent lifting or carrying objects weighing up to 25 pounds.” This ruling is as binding on the Secretary as the regulation on which it is based. 20 C.F.R. § 422.406(b)(1); see also Carter v. Sullivan, 909 F.2d 1201, 1202 (8th Cir.1990) (Secretary’s failure to consider definitions in SSR 83-10 constituted plain abuse of discretion).

Giving full effect to SSR 83-10, we must conclude that janitorial work requires walking or standing for six of the eight hours in a workday. Moreover, though the term “prolonged walking” is admittedly vague, we believe any job requiring a person to be on his or her feet seventy-five percent of the time inevitably requires such exertion. It necessarily follows that, contrary to the findings of the ALJ, janitorial work does indeed require prolonged walking. The ALJ therefore[*93] erred in concluding that Hajek could perform his past relevant work as a janitor.

Because Hajek could not do his past relevant work, the ALJ should then have shifted the burden of proof to the Secretary to establish that Hajek could perform other jobs in the national economy. Emm v. Shalala, 21 F.3d 832, 835 (8th Cir.1994); Reed, 988 F.2d at 815. This analysis obviously was never undertaken, and there is no evidence in the record pertaining to Hajek’s ability to do other jobs. Therefore, we must remand for further findings in this regard. We note again that the Secretary need only concentrate on the period between November 12, 1987, and January 14, 1991.

Accordingly, we reverse and remand to the district court with instructions to remand this case to the Secretary for a determination whether Hajek had the residual functional capacity to perform other substantial gainful activity.