neurosis with anxiety. The report shows that, notwithstanding a diagnosis of rheumatoid arthritis, the rheumatoid factor was negative and the sedimentation rate was within normal limits. (Tr. 132-133).
The medical data and findings indicate that the right eye impairment does cause plaintiff to suffer loss of functional efficiency with curtailment of physical activities. However, Dr. Narendra Krishna, an ophthalmologist, reported on May 24, 1978, that plaintiff had normal 20/20 vision in his left eye. (Tr. 123). Therefore the record supports the Administrative Law Judge's conclusion that the visual limitations prevent the claimant from returning to his usual work activities which required wide fields of vision, constant visual stress, or constant use of both eyes but do not preclude plaintiff from engaging in all gainful activity.
In regard to the allegation of rheumatoid arthritis, the evidence on record is inconclusive. Analyses of tests for rheumatoid arthritis were on occasion both positive and negative. Dr. Alexander's examination on May 11, 1978, revealed only mild functional limitations for sitting and standing, moderate functional limitations for bending, but no severe functional limitations. (Tr. 118). On August 17, 1978, Dr. Bocher noted range of motion of the lumbar spine only slightly restricted and he found no evidence of active rheumatoid arthritis. In essence, the record supports the Administrative Law Judge's decision that the objective evidence does not show a disability due to rheumatoid arthritis.
Similarly, we find sufficient evidence on the record supporting the Administrative Law Judge's finding that the depression and anxiety neurosis created severe psychological impairment. The record does not indicate any significant care or medication received by plaintiff for this condition. Moreover, Dr. Sandler reported on January 22, 1978, that plaintiff was only moderately anxious and depressed. (Tr. 105).
Plaintiff also alleged disabling joint pain. Although there is some physical basis for plaintiff's claim, the evidence of record does not support the allegations as to the level of severity, frequency and duration of the pain.
Pain can constitute a disability only if it is not remediable and is of such severity as to preclude an individual from engaging in substantial gainful activity. Baith v. Weinberger, 378 F. Supp. 596 (E.D.Pa.1974). Symptoms which are real to the claimant must be carefully considered. Bittel v. Richardson, 441 F.2d 1193 (3d Cir. 1971). However, the possibility of fabrication or exaggeration by the claimant cannot be overlooked. Baith v. Weinberger, supra. Accordingly, when evaluating the evidence, the Secretary must consider the credibility of a claimant's testimony as to pain. Barats v. Weinberger, supra. We find that the Administrative Law Judge gave due consideration to plaintiff's subjective complaints of pain. The record indicates that treatment for the pain has been conservative, consisting of Tylenol, an over-the-counter drug. There is also evidence that plaintiff engages in activities inconsistent with the degree of pain he claims to suffer.
Finally, the Administrative Law Judge considered the plaintiff's age, educational background and work history in light of the Secretary's new regulations which became effective February 26, 1979. Those regulations, 20 C.F.R. Sections 404.1501-404.1539 (1979), and the tables contained in Subpart P, Appendix 2, were adopted "to consolidate and elaborate upon long-standing medical-vocational evaluation policies for adjudicating disability claims in which an individual's age, education, and work experience must be considered in addition to the medical condition". See, 43 Fed.Reg. 55349 (1978). The regulations direct a finding of disability or no disability where the findings of fact in a particular case coincide with the criteria established in the rules and tables of Subpart P, Appendix 2. 20 C.F.R. Section 404.1513.
In the present case, the Administrative Law Judge determined that the medical evidence showed that plaintiff's functional capacity is sufficient to enable him to perform "sedentary work" defined by Regulation Section 404.1510 as work which entails lifting ten pounds maximum and occasionally lifting or carrying such articles as dockets, e.g., files, ledgers and small tools. Plaintiff's age is 41, a "younger individual" under Regulation Section 404.1501(b), has a "high school education" as defined by Regulation 404.1507(e), has a skilled work background and has transferable skills. Therefore the Administrative Law Judge correctly applied Rule 201.29, Table No. 1 of Appendix 2, Subpart P of Regulations No. 4 and made a proper finding that plaintiff is not disabled. We note that the Administrative Law Judge properly evaluated the clinical findings of plaintiff's condition and did not capriciously overlook Dr. Alexander and Dr. Bocher's conclusion that it was impossible for plaintiff to work. We agree with the Secretary's conclusion that jobs which are both gainful and substantial remain within plaintiff's residual capacity. This has been shown by substantial evidence. Thus, as here, when a Social Security disability applicant has the ability to engage in gainful employment, disability benefits are properly denied.
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