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VARNER v. SHALALA
May 23, 1995
GARY VARNER, PLAINTIFF,
DONNA E. SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT.
The opinion of the court was delivered by: Mihm, Chief Judge.
Before the Court are Gary Varner's Motion for Summary Judgment
 and Defendant's Motion to Affirm . For the reasons set
forth herein, the Motion for Summary Judgment is DENIED and the
Motion to Affirm is GRANTED.
Varner applied for Disability Insurance Benefits on November 4,
1991, alleging that he was impaired by manic depression and a
chemical imbalance from November 15, 1989. (Tr. 13, 147).
Varner's application was denied on February 21, 1992. Id. at
102. Varner's request for reconsideration was denied on July 9,
1992. Id. at 110. Varner requested a hearing before an
Administrative Law Judge ("ALJ") on August 28, 1992. Id. at
30, 94. Such hearing was held before ALJ Gary L. Vanderhoof on
May 3 1993. Id. at 13-23. ALJ Vanderhoof denied Plaintiff's
request for benefits. Id. Varner timely appealed the ALJ's
decision. Id. at 8. The Appeals Council denied Varner's
request for review on December 14, 1993. Id. at 5-6. When the
Appeals Council declines to hear a case, the ALJ's decision is
that of the Secretary. 20 C.F.R. § 404.981 (1994). Pursuant to
42 U.S.C. § 405(g), Varner has brought the matter before this
Court for review of the Secretary's decision.
ALJ Vanderhoof's findings are set forth below, in relevant
1. The claimant met the special earnings requirements of the
Social Security Act from June 27, 1986 through September 30,
2. The claimant engaged in substantial gainful activity from
June 27, 1986 to November 15, 1989 as a truck driver, school
bus driver, and landscaper. On average, the claimant earned
more than $300.00 per month during this time. This work
activity constituted substantial gainful activity under the
Regulations. (20 C.F.R. 404.1572 and 416.972) The claimant
was not under a disability as defined by the Act from June
27, 1986 through November 15, 1989. The claimant has not
been engaged in substantial gainful activity since November
3. While the medical evidence indicates that the claimant
has a severe depressive disorder, it does not rise to the
level of an impairment or combination of impairments listed
in or medically equal to one listed in Appendix 1, Subpart
P, Regulations No. 4.
4. The testimony of claimant and claimant's wife are not
found to be fully credible.
5. Since November 16, 1989, the claimant has had the
residual functioning capacity to perform the following
physical exertional and nonexertional requirements of work:
no physical limitations, a moderately limited ability to
perform complex cognitive activities, can perform simple,
routine, repetitive work, no high-stress or fast-paced work,
and should work more with things than people.
6. The claimant's past relevant work as a truck driver did
not require the performance of work-related activities
precluded by the above limitations. The claimant can perform
his past relevant work as a truck driver.
7. The claimant has not been under a "disability," as
defined in the Social Security Act, at any time through the
date of this decision. (20 C.F.R. 404.1520(b) and (e) and
416.920(b) and (e)).
(Tr. at 21-22). As will be discussed below, Varner has not made
a claim that the ALJ's decision is not supported by substantial
evidence and, thus, it is not necessary to set forth a ...
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