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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT TABLE OF CONTENTS I. INTRODUCTION AND BACKGROUND....................................1171 II. STANDARDS FOR SUMMARY JUDGMENT...............................1172 III. FINDINGS OF FACT.....................................................1174 A. Undisputed Facts ....................................................1174 B. Disputed Facts.......................................................1178 IV. LEGAL ANALYSIS......................................................1179 A. Requirements of a § 1983 Claim.......................................1179 B. Whether DDS Properly Evaluates The Plaintiffs’ Subjective Allegations ................................................................1180 C. Whether DDS Makes Express Credibility Determinations ...............1188 D. Whether DDS Uses The Services Of Qualified Vocational Specialists When Evaluating Social Security Claims...............................1189 E. Whether DDS Fails to Properly Assess Residual Functional Capacities With Sufficient Detail as Required by Federal Regulations and Eighth Circuit Standards.............................................1193 F. Whether the Disability Benefits Granting Process Denies the Plaintiffs Equal Protection of the Law .....................................1195 V. CONCLUSION...........................................................1199 BENNETT, District Judge. In this class action lawsuit, the plaintiffs challenge the standards, policies and procedures the defendant Stilwill and the administrative body he oversees, the Iowa Disability Determination Services Bureau (DDS), and the defendant John J. Callahan and the administrative body he oversees, the Social Security Administration, use to determine whether Iowans who apply for Social Security Disability Insurance and Supplemental Security Income benefits are disabled within the meaning of the Social Security Act and other the relevant authority which governs the disability benefits granting process in Iowa. In cases where the stakes are high and the attorneys act as particularly zealous advocates for their clients, the court is often called upon to make a number of major decisions prior to the actual trial on the merits. This case is no exception. The court already issued a substantive decision denying the defendants’ motion to dismiss and allowing the plaintiffs to proceed on a § 1983 cause of action. Laird v. Ramirez, 884 F.Supp. 1265 (N.D.Ia.1995). Now, the defendants have filed a motion for summary judgment and the plaintiffs have filed a motion for partial summary judgment. In the conflicting motions the court considers today, the defendants argue neither of the plaintiffs’ two claims allege any genuine issues of material fact, and the plaintiffs argue the defendants’ responses to two subparts of their first claim raise no genuine issues of material fact. I. INTRODUCTION AND BACKGROUND Plaintiff Paula Laird filed her complaint on February 15, 1995, alleging a violation of 42 U.S.C. § 1983 following the denial of her application for disability benefits based on major depression and low back spasms. The defendant is Ted Stilwill, the Director of the Iowa Department of Education. The Iowa Department of Education, through its Disability Determination Services Bureau (DDS), is authorized to make initial determinations for Iowa claimants as to whether or not such claimants are disabled within the meaning of the Social Security Act. Based on allegations of immediate and irreparable harm from the financial distress resulting from improper determinations of no disability, the plaintiff also filed a motion for a preliminary injunction on February 15, 1995. However, on March 30, 1995, the defendant moved to dismiss this matter for lack of subject matter jurisdiction pursuant to Fed. R.Civ.P. 12(b)(1). After consultation with the parties, the court determined it should consider the motion to dismiss first. On April 24, 1995, the court issued a ruling allowing the plaintiff to proceed on her § 1983 claim and denying the defendant’s motion to dismiss. The next day, the court granted the plaintiffs motion to conditionally certify a class action. The conditional class was identified as, residents of the State of Iowa, who in the two years preceding the filing of this action have been or may in the future be denied Soeial Security Disability Insurance and Supplemental Security Income benefits as a result, in whole or in part, of one or more the following policies, practices, and procedures of the State defendant. Amended Complaint, ¶ 10. On May 22,1995, the court issued an order granting the defendant’s unresisted motion to allow the Commissioner of Soeial Security John J. Callahan to intervene as a party-defendant in this case. The same day the court entered an order finding the plaintiffs’ motion for a preliminary injunction moot. On April 12, 1996, the court granted the plaintiffs’ motion to file an amended and supplemented- complaint. As a result of that order, named plaintiff William Meeks was added as a party to this suit. Then, on January 17, 1997, the defendant Callahan filed the instant motion for summary judgment. Defendant Stilwill joined Callahan’s motion on January 23,1997. On February 5, 1997, plaintiffs Laird and Meeks filed the instant partial motion for summary judgment. In the plaintiffs’ amended and substituted complaint, they raise two claims for relief. The first claim has two four subparts, to wit: a. DDS did not properly evaluate the Claimant’s subjective allegations under 20 C.F.R. § 404.1529 and § 416.929, and Polaski v. Heckler, 739 F.2d 1320 (8th Cir.1984) (supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167, 106 S.Ct. 2885, 90 L.Ed.2d 974, adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert. denied, 482 U.S. 927, 107 S.Ct. 3211, 96 L.Ed.2d 698 (1987)) and progeny. b. DDS did not make an express credibility determination and set forth the inconsistencies in the record that lead DDS to reject the claimant’s complaints of pain, expressly discussing the five Polaski factors. See, e.g., Ghant v. Bowen, 930 F.2d 633, 637 (8th Cir.1991); Prince v. Bowen, 894 F.2d 283, 286 (8th Cir.1990); Rainey v. Department of Health and Human Services, 48 F.3d 292, 293 (8th Cir.1995). c. DDS did not utilize the services of a qualified vocational specialist in evaluating the claimant’s claim, contrary to 20 C.F.R. § 404.1569a(d) and § 416.969a(d). Social Security Ruling 83-14, and McCoy v. Schweiker, 683 F.2d 1138 (8th Cir.1982), and progeny. d. DDS’ assessments of residual functional capacity are not documented to support the adjudicative conclusion of just what the individual can still do in a work setting, are not fully responsive to the claimant’s statements, including those about symptoms (especially pain) which concern the nature and extent of the impairments, and do not contain detailed assessments of the individual’s capacity to perform and sustain activities that are critical to work performance, contrary to 20 C.F.R. §§ 404.1545-46, 20 C.F.R. §§ 416.945-46. Social Security Ruling 85-16 and Social Security Ruling 85-23. Amended Complaint ¶ 34a-d. The plaintiffs’ second claim is that, “By applying one of two separate standards of review in disability determinations, Defendant Stilwill has violated plaintiffs’ rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.” Amended Complaint ¶ 37. As mentioned, the defendants seek summary judgment with respect to both of the plaintiffs’ claims. The plaintiffs seek summary judgment with respect to subparts (a) and (b) of their first claim, which concern DDS’s evaluations of their subjective allegations, and DDS’s alleged failure to make express credibility determinations based on the record and an examination of the Polaski factors. With this background in mind, the court turns to the applicable standard for evaluating motions for summary judgment in district courts governed by United States Supreme Court and Eighth Circuit Court of Appeals precedent. II. STANDARDS FOR SUMMARY JUDGMENT The Eighth Circuit’s standard for reviewing motions for summary judgment is clearly settled and often recounted. “Summary judgment is appropriate when there is no dispute between the parties as to any genuine issues of material fact and when the moving party is entitled to a judgment as a matter of law.” Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995) (quoting Get Away Club, Inc. v. Coleman, 969 F.2d 664, 666 (8th Cir.1992)). Or, as the pertinent rule of civil procedure provides: The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56(c). When courts make this determination, “Any inferences to be drawn from the facts must be viewed in the light most favorable to the nonmoving party.” Krenik v. County of Le Sueur, 47 F.3d 953, 957 (8th Cir.1995) (citing Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986)). “A court is not ‘to weigh the evidence and determine the truth of the matter, [instead it should] determine whether there is a genuine issue for trial’ ” Commercial Union Ins. Co. v. Schmidt, 967 F.2d 270, 272 (8th Cir.1992) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202). “Such an issue exists and summary judgment must be denied if on the record then before it the court determines that there will be sufficient evidence for a jury to return a verdict in favor of the non-moving party.” Krenik, 47 F.3d at 957 (citing Anderson, 477 U.S. at 249, 106 S.Ct. at 2510-11). To determine if a jury could return a verdict in favor of the nonmoving party, a court must determine which are the material facts and whether, together, they create genuine issues of material fact. “In order to determine which facts are material, courts should look to the substantive law in a dispute and identify the facts which are critical to the outcome.” Commercial Union, 967 F.2d at 272 (citing Anderson, 477 U.S. at 248, 106 S.Ct. at 2510). “In determining whether a material factual dispute exists, the Court views the evidence through the prism of the controlling legal standard.” Nebraska v. Wyoming, 507 U.S. 584, 590, 113 S.Ct. 1689, 1694, 123 L.Ed.2d 317 (1993) (citing Anderson, 477 U.S. at 248, 106 S.Ct. at 2510). A dispute about a material fact is genuine if the evidence is such that a reasonable trier of fact could return a decision in favor of the party opposing summary judgment. Commercial Union, 967 F.2d at 272 (citing Anderson, 477 U.S. at 248, 106 S.Ct. at 2510). In performing the genuineness inquiry, trial courts should believe the evidence of the party opposing summary judgment and all justifiable inferences should be drawn in that party’s favor. Id. (citing Anderson, 477 U.S. at 255, 106 S.Ct. at 2513). Procedurally, “[T]he ultimate burden of proof is on the movant ... to establish that there are no material facts in dispute and that, as a matter of law, the movant is entitled to judgment.” Oldham v. West, 47 F.3d 985, 988 (8th Cir.1995) (citing Fed.R.Civ.P. 56(c)); Matsushita, 475 U.S. at 586-87, 106 S.Ct. at 1355-56; Anderson, 477 U.S. at 247, 106 S.Ct. at 2509; Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). For that reason, “a party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Celotex, 477 U.S. at 323, 106 S.Ct. at 2553 (citing Fed.R.Civ.P. 56(c)). Even so, “Rule 56 does not require the moving party to negate the elements of the nonmoving party’s case; to the contrary, ‘regardless of whether the moving party accompanies its summary judgment motion with affidavits, the motion may, and should, be granted so long as whatever is before the district court demonstrates that the standard for the entry of summary judgment, as set forth in Rule 56(c), is satisfied.’ ” Lujan v. National Wildlife Fed’n, 497 U.S. 871, 884, 110 S.Ct. 3177, 3186, 111 L.Ed.2d 695 (1990) (citing Celotex, 477 U.S. at 323, 106 S.Ct. at 2553). However, “Once the motion for summary judgment is made and supported, it places an affirmative burden on the non-moving party to go beyond the pleadings and by affidavit or otherwise designate specific facts showing that there is a genuine issue for trial.” Beyerbach, 49 F.3d at 1325 (citing Commercial Union, 967 F.2d at 271) (in turn citing Fed. R.Civ.P. 56(e)). “The mere existence of some alleged factual dispute will not defeat a properly supported summary judgment motion.” Churchill Bus. Credit, Inc. v. Pacific Mutual Door Co., 49 F.3d 1334, 1336 (8th Cir.1995) (citing Anderson, 477 U.S. at 248, 106 S.Ct. at 2510). Along the same lines, the Eighth Circuit had long held that “parties to a motion for summary judgment cannot create sham issues of fact in an effort to defeat summary judgment.” RSBI Aerospace, Inc. v. Affiliated FM Ins. Co., 49 F.3d 399, 402 (8th Cir.1995) (citing Camfield Tires, Inc. v. Michelin Tire Corp., 719 F.2d 1361 (8th Cir.1983)). Likewise, “the non-moving party must substantiate his allegations with sufficient probative evidence that would permit a finding in [the party’s] favor based on more than mere speculation, conjecture, or fantasy.” Wilson v. International Bus. Mach. Corp., 62 F.3d 237, 241 (8th Cir.1995) (citing Moody v. St. Charles County, 23 F.3d 1410, 1412 (8th Cir.1994) (internal quotations omitted)). Ultimately, courts must “recognize that summary judgment is a drastic remedy and must be exercised with extreme care to prevent taking genuine issues of fact away from juries,” Wabun-Inini v. Sessions, 900 F.2d 1234, 1238 (8th Cir.1990) (citing Wilson v. Westinghouse Elec. Corp., 838 F.2d 286, 289 (8th Cir.1988)), and balance this understanding against the principle that “[sjummary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed ‘to secure the just, speedy and inexpensive determination of every action.’ ” Celotex, 477 U.S. at 327, 106 S.Ct. at 2555 (quoting Fed.R.Civ.P. 1). III. FINDINGS OF FACT A. Undisputed Facts It is undisputed by the parties that one of the purposes of the Iowa Disability Determinations Services Bureau (DDS) is to determine whether Iowans who apply for Title II disability benefits and Title XVI Supplemental Security Income benefits are eligible to receive those benefits. To that end, the Iowa DDS has a regulatory agreement with the federal Social Security Administration (SSA). The agreement requires DDS to hire its own employees, but DDS must use the SSA’s guidelines to carry out its work and must abide by and agree not to challenge the SSA’s interpretations of the law as it pertains to granting Social Security benefits. DDS also receives all of its funds from the SSA. DDS does not make an independent determination of whether its policies are consistent with Eighth Circuit case law, nor does its former administrator Ray Van Cura believe his bureau is entitled to do so; he believes decisions of this type are the sole province of the SSA. Sometimes the SSA issues Acquiescence Rulings which direct all the state DDS bureaus located in an area governed by the same circuit court of appeals to acquiesce to a ruling made by that Circuit. Unless there is an Acquiescence Ruhng, the state DDS bureaus adjudicate their cases according to nationwide SSA policy. The SSA has issued no Acquiescence Rulings which pertain to four subparts of the plaintiffs’ first claim. In sum, the Social Security disability program is a federally-funded program that is,state operated according to federal guidelines. To insure that its employees and contractees are aware of the SSA’s regulations, DDS distributes copies of the Program Operations Manual System (POMS), which is a handbook of Social Security rules and regulations. The Iowa.DDS also provides its employees and contractees with information digests, informational letters and policy statements which update them on the SSA’s interpretation of Social Security law. The disability granting process follows this procedure: A claimant completes an application for disability benefits at an SSA field office. The claim is forwarded to one of fifty-four state DDS offices where medical evidence is developed and a final decision is made regarding the existence of a medically determinable impairment which meets the definition of disability. On average it takes 120 days for a claimant to receive an initial decision. Nationally, 39% of these claims are allowed. In Iowa, the decision is made by a disability examiner and a medical or a psychological consultant. A small number of these decisions are randomly selected for a quality assurance review at another level of the DDS or by a regional SSA Disability Quality Branch. If the claim is denied at the initial level, the claimant has sixty days to request reconsideration. The parties dispute how long it takes for a reconsideration decision to be issued. Nationally, 48% of claimants request reconsideration and DDS approves 14% of the reconsidered claims upon review. Within sixty days of an unfavorable decision at the reconsideration level, a claimant can request a hearing before an ALJ. Nationally, about 75% of all claimants who are denied benefits at the reconsideration level request an administrative hearing. About 75% of claimants retain counsel for the administrative hearing. About 67% of all claimants are successful at the administrative hearing level. Within sixty days of an unfavorable decision at the administrative hearing level a claimant may request that the Appeals Council review the case. The Appeals Council reviews about 18% of all ALJ dispositions, including those it reviews on its own motion. The Appeals Council denies about 70% of the claims it reviews. If the Appeals Council denies a claimant benefits, the claimant has sixty days during which he or she may appeal the decision to federal district court. DDS made initial determinations for 15,122 persons applying for Title II and Title XIV benefits during fiscal year 1994 (July 1, 1994, to June 30, 1995), and allowed 8,627 of those claims. Also during that year, DDS made 6,814 reconsideration determinations, allowing 1,159 of those claims. In an average year, DDS makes about 7,000 or 8,000 reconsideration disability determinations. About 15% of those determinations reverse the initial denial. DDS also performs about 1,200 to 1,500 continuing disability reviews. It is also undisputed by the parties that the Social Security Administration reviews the Iowa DDS (as well as other states’ DDS bureaus) accuracy rates over the course of fiscal years. The regional Kansas City Disability Quality Branch (DQB) reviews Midwestern states. According to the Kansas City DQB, the Iowa DDS’s accuracy rates upon initial consideration were 94.0%, 94.5%, and 93.0% for fiscal years 1994-96, respectively. The corresponding national rates were 94.4%, 94.2%, and 94.5%. The Iowa DDS’s accuracy rates upon reconsideration were 92.7%, 92.8%, and 92.9% for fiscal years 1994-96, respectively. The corresponding national rates were 92.7%, 91.7 %, and 92.7%. For fiscal years 1994-96, the Kansas City DQB reviewed 158 initial level medical-vocational denials in which the primary medical impairment was physical and determined one of the 158 claims should have been allowed rather than denied. For fiscal years 1994-96, the Kansas City DQB reviewed 414 initial level medical-vocational denials in which the primary impairment was physical and determined sixteen of the 414 claims should have been allowed rather than denied. Regardless of what level of determination a claimant’s benefits application is being evaluated, there is a sequential evaluation process that all adjudicators must use to analyze disability claims: (1) Is the claimant currently engaged in substantial gainful activity? If “Yes,” the claim is denied. If “No,” go to Step 2. (2) Is the claimant’s medical impairment or combination of impairments severe enough that it significantly limits physical or mental ability to do basic work activities? If “Yes,” go to Step 3. If “No,” the claim is denied. (3) Does the claimant have an impairment or combination of impairments which meets or equals the duration requirement and is contained in the listing of impairments? If “Yes,” the claim is approved. If “No,” go to Step 4. (4) Does the claimant have an impairment or combination of impairments which prevents past relevant work? If “Yes,” go to Step 5. If “No,” the claim is denied. (5) Can the claimant, given his residual functional capacity and his age, education and past work experience perform any other work which exists in substantial numbers in the national economy? If “Yes,” claim is denied. If “No,” claim is approved. See 20 C.F.R. § 404.1520(a)-(f)(1) (1996); Williams v. Sullivan, 960 F.2d 86, 88 (8th Cir.1992). The claimant bears the burden of making a prima facie case of disability, which includes proof of no substantial gainful activity under Step 1 and proof of severity under Step 2. See 20 C.F.R. § 404.1512(e) (1996); Williams, 960 F.2d at 88. At Step 3, it is the job of a medical or a psychological consultant employed by the Social Security Administration to determine whether a claimant’s impairments meet or equal a listing. 20 C.F.R. § 404.1526(b) (1996), see also Cruze, 85 F.3d at 1322. At Step 4, the claimant has the burden of proving that he cannot return to his past relevant work. See Baumgarten v. Chater, 75 F.3d 366, 368 (8th Cir.1996) (citing Locker v. Sullivan, 968 F.2d 725, 727 (8th Cir.1992)). If the claimant meets his burden of proof at Step 4, the burden shifts to the Commissioner to establish the claimant’s ability to perform other work in Step 5. Id. In order to conduct the five-step process above, DDS hires medical and psychological consultants, disability examiners, and vocational specialists. The consultants are under contract to DDS; they are not employees. Medical and psychological consultants are either doctors or psychologists. About half are clinical psychologists. The psychological and medical consultants prepare either mental residual functional capacity assessments (MRFCA), physical residual capacity assessments (PRFCA), or both types of assessments for every claimant who applies for Social Security benefits. By combining the MRFCAs and PRFCAs, the consultants develop a residual functional capacity (RFC) which describe just what work-related skills and abilities a claimant has remaining after taking into account all of his or her physical and psychological limitations. Dr. Dee E. Wright has a Ph.D. in psychology from the University of Utah and is currently under contract with DDS as a psychological consultant. He performs initial reviews. After reviewing medical evidence about a claimant, Dr. Wright fills out a psychiatric review technique form (PRTF). In about one out of eight cases, medical consultants will return the file and request additional information from the claimant or treating physician. If Dr. Wright ultimately determines a claimant does not meet or equal the Listings of Impairments, he then is required to conduct a further review which involves a form called a mental residual functional capacity assessment (MRFCA). If Dr. Wright finds a claimant needs to nap for two hours during the day, he would find that person had a moderate restriction in their ability to maintain concentration, persistence or pace. If Dr. Wright finds the claimant’s need for a nap to be credible, he would not typically record that finding in his narrative or in the MRFCA, unless he believed that, standing alone, that restriction would be enough to support a finding of a severe restriction of function. Instead, Dr. Wright would incorporate the need for a two-hour nap into other functional considerations such as attention and concentration. Dr. Wright uses the claimant’s complaints as well as other evidence to develop the MRFCA. Dr. Lawrence F. Staples has an M.D. from the University of Iowa and is currently under contract with DDS as a medical consultant. Dr. Staples is unfamiliar with the term “express credibility determination.” Dr. Staples does not make specific findings about whether a claimant’s allegations are correct or incorrect when he prepares his RFC assessments. When preparing his RFCs, Dr. Staples always gives controlling weight to objective medical evidence derived from whatever medical tests and examinations the claimant has undergone, as opposed to relying on the claimants’ objective complaints, including complaints of pain. But, Dr. Staples does consider a claimant’s'symptoms such as pain, along with diagnosis, treatment regimen, and the need for hospitalizations or medical appointments when assessing claimants’ residual functional capacities (RFCs). The need for absences, unscheduled work breaks, or the need to lie down during the work day, or to elevate a leg above heart level, are reflected only if they impact the specific work-related activities in section I of the Physical Residual Functional Capacity Assessment (PRFCA) form. These needs may, however, be reflected in the MRFCA. These needs may also be reflected, in the ratings given in assessing the individuals’ ability to perform work-type duties and complete a normal work day and work week without interruption. The consultants’ consideration of the claimant’s subjective complaints is ordinarily contained in the physical and mental residual functional capacity forms and the psychiatric review technique form. To facilitate the consultants’ perusals of the files, DDS staffers prepare the files by highlighting the objective evidence with paper clips. This objective evidence may include, for example, a claimant’s descriptions of his or her daily activities or a listing of his or her seizures. Terri R. Bernstine works for DDS and supervises nine DDS disability examiners. Bernstine testified disability examiners are concerned with the fourth and fifth steps of the disability granting process. In the fourth step it must be determined whether the claimant’s RFC would allow them to perform their past relevant work. In the fifth step it must be determined whether the claimant’s RFC would allow them to perform any other competitive work in the national economy. In other words, a disability examiner’s role is to take the RFCs developed by the medical and psychological consultants and use them to complete the DDS’s analysis of the five steps in the disability granting process. It is also undisputed by the parties that newly-hired disability examiners receive training regarding the disability determination process. After their initial training, disability examiners are assigned a reduced case load and work in conjunction with a trainer (either an experienced examiner or supervisor) in deciding claims for disability and are provided more autonomy after demonstrating a certain amount of proficiency in their duties. Disability examiners receive advanced training on medical-vocational issues after eighteen months of processing initial applications for disability benefits. Occasionally, the DDS offers agency-wide formal training relating to the issues in this lawsuit. It is disputed as to when the last training session took place. Neither the SSA’s rules, polices nor practices require that the medical and psychological consultants or vocational examiners who make medical and vocational determinations at DDS level be vocational specialists with qualifications the same as or similar to those of the vocational experts who advise administrative law judges at higher levels of SSA’s disability claim review. Jack Edward Reynolds is a certified vocational rehabilitation counselor who is designated as an expert witness for purposes of testifying at administrative hearings when an ALJ determines whether a claimant is disabled. Reynolds testifies at approximately 300 hearings a year. He testified he can give better testimony if the ALJ poses a more specific question. He also testified there are certain recurring limitations that preclude competitive employment such as elevating a leg above the heart, having to he down in general for any length of time and missing several days of work each month due to illness or fatigue. Class representative Paula Laird filed concurrent applications for Title II disability benefits and Title XVI Supplemental Security Income benefits on September 6, 1994. Laird was thirty-eight years old at the time. In her applications, Laird alleged impairments including depression, back problems and past problems with drug and alcohol abuse. Laird had been seen by physicians numerous times for depression prior to filing for disability. The psychological consultant who examined Laird’s records found she did not meet any of the disability listings. The disability examiner who reviewed Laird’s application determined she could perform her past relevant work as a nurse’s aide. On reconsideration, however, DDS granted Laird’s application for disability benefits. Disability Determination Services based its decision to grant benefits on the finding that Laird had severe mental depression and was markedly limited in her mental residual functional capacity in areas deemed critical to meeting and sustaining the demands of competitive unskilled work. William Meeks filed for Title XVI Social Security Disability benefits in early 1995 and was denied upon initial review on October 19, 1995. Meeks alleged impairments including hearing loss, cardiac impairments and a stroke. There was ample evidence in Meek’s medical records which documented each of these claims. Upon initial consideration, DDS found Meeks could hear adequately in his left ear and would be able to work an eight-hour day with continued treatment from his heart surgery. Disability Determination Services also found Meeks’s conditions were not expected to last more than twelve months and, therefore, Meeks could return to his past work as a salesperson. Upon reconsideration, however, DDS allowed Meeks’s claim after reviewing additional evidence and concluding he had classical signs of non-union of the sternum. B. Disputed Facts The record reflects the following facts are in dispute. The question to be addressed below, in the court’s legal analysis, is whether these disputes of fact are material under the governing law, such that they preclude summary judgment on any of the plaintiff class’s claims. See, e.g., Fed.R.Civ.P. 56(c); Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Anderson, 477 U.S. at 248, 106 S.Ct. at 2510; Beyerbach, 49 F.3d at 1326. First, the federal defendants argue DDS offered its entire adjudicative staff training which discussed the Social Security Administration’s latest policy changes in late September and early October of 1996. The plaintiffs claim DDS has not offered agency-wide training to its adjudicative staff since November 1, 1994. The state defendants agree DDS has not offered agency-wide training since November 1, 1994, but it argues: (1) training on pain standards were presented to DDS professional staff and medical consultants on April 27,1995; (2) three new disability examiners completed training between June 2, 1995, and September 1, 1995, which included two weeks of RFC/MRFCA and vocational evaluation training; (3) DDS staff received training on June 17, 1996, on evaluating symptoms of pain and fatigue and documentation of pain and symptoms; and (4) all DDS supervisors, disability examiners and medical consultants were required to attend a three-day training session in the fall of 1996 discussing the new Social Security Rulings the Administration issued in July of 1996. Second, the defendants dispute the fact that nationally 14% of reconsidered claims are allowed and returned. The defendants argue that, without pointing out that sometimes the state DDS or the local Disability Quality Branch perform quality assurance reviews of claims before a final reconsideration decision is made, the plaintiffs have misstated the record. Third, the defendants believe it takes approximately 103 days before a claimant receives a reconsideration decision, and 258 days if benefits are awarded. The plaintiffs believe it takes approximately 68 days to receive a reconsideration decision, longer if benefits are awarded. Fourth, it is disputed by the parties whether the medical and psychological consultants make findings of fact about the nature and severity of claimants’ impairments. The plaintiffs argue that neither SSA nor DDS uses the terms “express credibility finding” or “express credibility determination,” although Social Security rules require a claimant’s subjective complaints be considered and addressed. The federal defendants argue, after the promulgation of Social Security Ruling 96-7p on July 2, 1996, DDS adjudicative staff must make “credibility” observations, even if they are not called “express credibility determinations.” The state defendants argue that while it does not use the term “express credibility determination,” the regulations that it must follow, such as 20 C.F.R. §§ 404.1529 and 416.929 (1996) and POMS §§ 24515.061-24515.064 discuss the credibility of a claimant and, in effect, require the DDS adjudicative staff to make express credibility determinations. Fifth, the plaintiffs argue that, on average, a medical consultant spends a minimum of fifteen minutes on a case analysis and adjudication. The consultant may spend an additional five to thirty minutes analyzing the file and answering questions for the disability examiner. The defendants argue that, for medical consultants to analyze a file and respond to DE questions, five minutes is the “low time,” fifteen minutes is the “medium time,” and thirty minutes is the “high time.” The defendants argue that, for medical consultants to complete case analysis on adjudication (including the completion of the RFC assessment), fifteen minutes is the “low time,” thirty minutes is the “medium time,” and sixty minutes is the “high time.” The defendants argue that, for medical consultants to review and sign the decisional document, one minute is the “low time,” two minutes is the “medium time,” and five minutes is the “high time.” IV. LEGAL ANALYSIS The court chooses to begin its analysis of these motions for summary judgment by discussing subparts (a) and (b) of the plaintiffs’ first claim on which both sides have competing motions for summary judgment. In these subparts of their first claim the plaintiffs argue: (1) DDS does not properly evaluate their subjective allegations under 20 C.F.R. § 404.1529 and § 416.929 (1996); and Polaski; and (2) DDS did not make an express credibility determination and set forth the inconsistencies in the record that lead DDS to reject the claimant’s complaints of pain, expressly discussing the five Polaski factors. After discussing these issues, the court will discuss subparts (c) and (d) of the plaintiffs’ first claim as well as the plaintiffs’ second claim. On these last three issues, only the defendants have filed a motion for summary judgment. First, however, the court will discuss the general requirements of a § 1983 claim. A.. Requirements of a § 1983 Claim Rather than discuss, at length, the requirements for bringing a claim pursuant to 42 U.S.C. § 1983, the court notes it analyzed many aspects of § 1983 claims in its memorandum and order holding the plaintiffs properly plead their claims as causes of action pursuant to 42 U.S.C. § 1983. Laird v. Ramirez, 884 F.Supp. 1265 (N.D.Ia.1995). But, before the court begins its analysis of the merits of claims at issue in this case, it is necessary to make one additional observation about § 1983 claims. In Garza v. City of Omaha, the Eighth Circuit Court of Appeals explained: A municipality cannot be held hable under § 1983 solely because it employs a tortfeasor; however local governments like every other § 1983 ‘person,’ may be sued for constitutional deprivations visited pursuant to governmental ‘custom.’ It is not necessary that such a custom receive formal approval through official decision-making channels. Monell v. Dept. of Social Services, 436 U.S. 658, 690-91, 98 S.Ct. 2018, 2035-36, 56 L.Ed.2d 611 (1978). A discriminatory custom may be established by evidence that the practices of state officials are so permanent and well settled as to carry the force of law. 814 F.2d 553, 555 (8th Cir.1987). See also Andrews v. Fowler, 98 F.3d 1069, 1074 (8th Cir.1996) (holding governmental liability attaches only when constitutional deprivation is custom or policy); Ricketts v. City of Columbia, Missouri, 36 F.3d 775, 779 (8th Cir.1994) (same). Garza is particularly relevant to the analysis of the instant case not because it discusses municipal liability, but because it explains that any governmental liability must be based on well-settled custom which carries the force of law. In this case, the plaintiffs have documented their claim by citing sections of official sources such as the United States Code, the Code of Federal Regulations, as well as Social Security Rulings (SSRs). They have also cited depositions from employees and contractees of the DDS which indicate these people work hard to follow the mandates of the Code, the C.F.R. and SSRs. It is clear that, if the court finds the violations the plaintiffs allege do exist, they exist as policies or customs and are not isolated events. The fighting issue, therefore, is whether the policies the plaintiffs have identified constitute violations of federal law. The court will now evaluate the plaintiffs’ claims. B. Whether DDS Properly Evaluates The Plaintiffs’ Subjective Allegations In the first subpart of their first claim, the plaintiffs argue DDS does not properly evaluate their subjective allegations under 20 C.F.R. §§ 404.1529 and 416.929 (1996), and Polaski. More specifically, the plaintiffs argue the Commissioner and, hence, DDS which follows the rules the Commissioner promulgates, places too great of reliance on objective medical evidence in determining whether a claimant is disabled and lends too little credence to the claimant’s subjective claims about his or her symptoms, including complaints of pain. They argue that, once a claimant has established by medically acceptable objective evidence an underlying impairment that could reasonably be expected to cause pain, a claimant’s subjective complaints about the intensity or degree of his or her pain alone can be enough to establish disability. See Brand v. Secretary, 623 F.2d 523, 525 (8th Cir.1980), Clark v. Chater, 75 F.3d 414, 417 (8th Cir.1996). There need not be, they argue, objective medical evidence of the extent of the pain to confirm the claimant’s subjective complaints. To review this claim, the court must examine the two Code of Federal Regulations sections the plaintiffs cite as well as Polaski. The first Code section provides: We will consider all of the evidence presented, including information about your prior work record, your statements about your symptoms, evidence submitted by your treating, examining or consulting physician or psychologist, and observations by our employees and other persons____ Factors relevant to your symptoms, such as pain, which we will consider include: (i) Your daily activities; (ii) The location, duration, frequency, and intensity of your pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) The type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate your pain or other symptoms; (v) Treatment, other than medication, you receive or have received for relief of your pain or other symptoms; (vi) Any measures you use or have used to relieve your pain or other symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and (vii) Other factors concerning your functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3) (1996). The relevant portion of the second C.F.R. section the plaintiffs cite is 20 C.F.R. § 416.929(c)(3) (1996) and it contains precisely the same language as 20 C.F.R. § 404.1529(c)(3) (1996). The above quoted material appears to mean that, ceteris paribus, both subjective and objective medical evidence should be considered when determining disability and neither type of evidence should necessarily trump the other. The plaintiffs also cite the ubiquitous Polaski case. In Polaski, the Eighth Circuit held: The adjudicator may not disregard a claimant’s subjective complaints solely because the objective medical evidence does not fully support them. The absence of an objective medical basis which supports the degree of severity of subjective complaints alleged is just one factor to be considered in evaluating the credibility of the testimony and complaints. The adjudicator must give full consideration to all of the evidence presented relating to subjective complaints, including the claimant’s prior work record, and observations by third parties and treating and examining physicians relating to such matters as: 1. the claimant’s daily activities; 2. the duration, frequency and intensity of the pain; 3. precipitating and aggravating factors; 4. dosages, effectiveness and side effects of medication; 5. functional restrictions. The adjudicator is not free to accept or reject the claimant’s subjective complaints solely on the basis of personal observations. Subjective complaints may be discounted if there are inconsistencies in the evidence as a whole. Polaski, 739 F.2d at 1322. The language set out above also indicates that both subjective and objective medical evidence should be considered when determining disability and neither type of evidence is necessarily superi- or to the other. Upon juxtaposing the language in the C.F.R. sections cited above with the Eighth Circuit language in Polaski, it is apparent the Polaski language is simply a condensed paraphrasing of the federal regulations. For all intents and purposes, therefore, the Eighth Circuit’s subsequent interpretations of Polaski will also control this court’s interpretation of 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3) (1996). On the other hand, the plaintiffs take issue with other pertinent language in the Code of Federal Regulations. For example, 20 C.F.R. § 404.1529(a) (1996) provides: In determining whether you are disabled, we consider all your symptoms, including pain, and the extent to which your symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence____ We will consider all of your statements about your symptoms, such as pain, and any description you, your physician, your psychologist, or other persons may provide about how the symptoms affect your activities of daily living and your ability to work. However, statements about your pain or other symptoms will not alone establish that you are disabled; there must be medical signs and laboratory findings which show that you have a medical impairment(s) which could reasonably be expected to produce the pain or other symptoms alleged and which, when considered with all of the other evidence (including statements about the intensity and persistence of your pain or other symptoms which may reasonably be accepted a.s consistent with the medical signs and laboratory findings), would lead to a conclusion that you are disabled. 20 C.F.R. § 404.1529(a) (1996) (emphasis added). The same language is found in 20 C.F.R. § 416.929(a) (1996). In contrast to Polaski and similar C.F.R. sections, these C.F.R. sections indicate that a claimant cannot prove the existence of a disability without first providing objective medical evidence to support claims that his or her particular medical problem is capable of producing symptoms severe enough to constitute disability. These dueling C.F.R. sections appear to conflict with each other, creating a situation where the courts are called on to determine which regulations are the correct interpretation of the Social Security Act. The Eighth Circuit has resolved this conflict in favor of Polaski and those C.F.R. sections which Polaski paraphrases. The Eighth Circuit has held, in order to conduct the proper Polaski analysis, “Merely quoting Polaski is not good enough, especially when an ALJ rejects a claimant’s subjective complaints of pain.” Hall v. Chater, 62 F.3d 220, 223 (8th Cir.1995). Instead, “Polaski requires that an ALJ give full consideration to all of the evidence presented relating to subjective complaints.” Ramey v. Shalala, 26 F.3d 58, 59 (8th Cir.1994). In making that consideration, “The absence of an objective medical basis to support the claimant’s subjective allegations of pain is simply one factor to be considered along with all of the evidence presented relating to subjective complaints.” Harris v. Shalala, 45 F.3d 1190, 1193 (8th Cir.1995). Therefore, “an adjudicator may not disregard a claimant’s subjective complaints solely because the objective medical evidence does not support them.” Dodson v. Chater, 101 F.3d 533, 534 (8th Cir.1996). The logical basis for this rule, stems from the recognition that the physiological, functional, and psychological consequences of illness and injury vary with each individual. A given injury may affect one individual in an inconsequential way, whereas the same disorder may severely disable another person who has a greater sensitivity to pain or whose physical condition is deteriorated. Cockerham v. Sullivan, 895 F.2d 492, 496 (8th Cir.1990). It is only “after full consideration of all of the evidence relating to subjective complaints” that an “adjudicator may discount those complaints if there are inconsistencies in the evidence as a whole.” Dodson, 101 F.3d at 534. As the above cited cases demonstrate, and as the plaintiffs argue, it is not necessary for a claimant who files for benefits in the Eighth Circuit to produce objective medical evidence that the symptoms he or she suffers as the result of an underlying impairment are severe enough to cause disability. A claimant’s subjective complaints alone are sufficient to prove disability. Given that Polaski holds a claimant need not provide objective medical evidence of disablement to prove he or she is disabled, the court must now decide whether the current practices of the SSA and, hence, DDS violate that holding. The plaintiffs argue such is the case, and in support of then-argument they cite SSR 96-7p which provides: [Ojbjeetive medical evidence is a useful indicator to assist us in making reasonable conclusions about the intensity and persistence of an individual’s symptoms and the effect those symptoms may have on the individual’s ability to function. The examples in the regulations (reduced joint motion, muscle spasm, sensory deficit, and motor disruption) illustrate findings that may result from, or be associated with, the symptom of pain. When present, these findings tend to lend credibility to an individual’s allegations about pain and other symptoms and their functional effects. Social Security Ruling 96-7p, Titles II and XVI: Evaluation Of Symptoms In Disability Claims: Assessing The Credibility Of An Individual’s Statements, 1996 WL 374186 at *6 (July 2, 1996). This is the latest in a series of Social Security rulings devoted to the evaluation of subjective complaints. Preceding rulings were denoted 82-5, 88-13, and 95-5p. The plaintiffs argue SSR 96-7p encourages adjudicators to place greater weight on objective medical evidence (as opposed to subjective medical evidence) than Polaski deems appropriate. The court is not entirely convinced by this argument. While it is true the preceding passage allows that objective medical evidence can serve as a “useful indicator” in making a reasonable determination as to whether a person is disabled, it says nothing about the conclusions an adjudicator should draw when there is not objective medical evidence to support a claimant’s subjective complaints. In the final sentence of the paragraph the plaintiffs find objectionable, the ruling provides objective medical evidence lends credibility to a plaintiff’s complaints “when present.” The plaintiffs argue adjudicators will infer the negative inverse, i.e., the lack of objective medical evidence detracts credibility from a claimant’s subjective allegations. It is equally plausible, however, to read this passage as expressing no opinion as to how an adjudicator should interpret a lack of objective medical evidence. Analysis of the preceding quotation from Ruling 96-7p is also inconclusive as to whether it places an undue emphasis on objective medical evidence in violation of the dictates of Polaski Even if the analysis tended to support the plaintiffs’ or defendants’ position, it would still be necessary for the court to review additional relevant portions of ruling 96-7p to determine if the above quotation is taken out of context. The court finds this portion of 96-7p particularly relevant: When there are medical signs and laboratory findings demonstrating the existence of a medically determinable physical or mental impairment(s) that could reasonably be expected to produce the pain or other symptoms, the adjudicator must always attempt to obtain any available objective medical evidence concerning the intensity and persistence of the pain or other symptoms, and, when such evidence is obtained, must consider it in evaluating the individual’s statements. However, allegations concerning the intensity and persistence of pain or other symptoms may not be disregarded solely because they are not substantiated by objective medical evidence. A report of negative findings from the application of medically acceptable clinical and laboratory diagnostic techniques is one of the many factors that appropriately are to be considered in the overall assessment of credibility. However, the absence of objective medical evidence supporting an individual’s statements about the intensity and persistence of pain or other symptoms is only one factor that the adjudicator must consider in assessing an individual’s credibility and must be considered in the context of all the evidence. Social Security Ruling 96-7p, 1996 WL 374186 at *6 (July 2,1996) (emphasis added). The emphasized language in this quotation tracks the Eighth Circuit’s recent Polaski holdings almost word for word. It emphasizes that an adjudicator cannot dismiss a claimant’s subjective complaints solely because there is no objective medical evidence to support them, Dodson, 101 F.3d at 534; that the lack of objective medical evidence to support a claimant’s subjective complaints is one of many factors to consider, Harris, 45 F.3d at 1193; and that the adjudicator must consider the subjective complaints in the context of all the evidence, Dodson, 101 F.3d at 534, Ramey, 26 F.3d at 59. This part of Ruling 96-7p, at least, seems to place exactly the same emphasis on subjective complaints as the Eighth Circuit has interpreted Polaski to place of subjective complaints. The plaintiffs acknowledge there are parts of Ruling 96-7p which they do not find objectionable. They argue, however, the Ruling is ultimately flawed because its stated purpose is only to “clarify” past Rulings such as 95-5p and 88-13, and not to overturn them. Because the previous rulings were even greater departures from the true meaning of Polaski and perpetrated a false interpretation of Social Security law which required objective medical evidence to corroborate a claimant’s symptoms before he or she could prove disability, they argue, Ruling 96-7p is ultimately flawed because it codifies the improper conclusions of the previous rulings. In support of this argument, the plaintiffs cite a portion of SSR 88-13: If the listing is not met or equaled, a residual functional capacity (RFC) assessment is necessary to determine the effects of the impairment, including any additional limitations imposed by pain, on the claimant’s capacity to perform former work or other work. Medical history and objective medical evidence such as evidence of muscle atrophy, reduced joint motion, muscle spasm, sensory and motor disruption, are usually reliable indicators from which to draw reasonable conclusion about the intensity and persistence of pain and the effect such pain may have on the individual’s work capacity. Whenever available, this type of objective medical evidence must be obtained and must be considered in reaching a conclusion as to whether the individual is under a disability. There are situations in which an individual’s alleged or reported symptoms, such as pain, suggest the possibility of a greater restriction of the individual’s ability to function than can be demonstrated by objective medical evidence alone. In such cases, reasonable conclusions as to any limitations on the individual’s ability to do basic work activities can be derived from the consideration of other information in conjunction with medical evidence. This is consistent with court decisions which require that statements of the claimant or his/her physician as to the intensity and persistence of pain or other symptoms which may reasonably be accepted as consistent with the medical signs and laboratory findings are to be included in the evidence to be considered in making a disability determination. SSR 88-13, 1988 WL 236011, *2 (July 20, 1988) (emphasis in plaintiffs’ brief), which they argue is in flagrant violation of Polaski. The court agrees that the emphasized portions of SSR 88-13 above tend to give the false impression that it is necessary for a claimant to produce objective medical evidence to substantiate their subjective complaints about the intensity of their symptoms before they can be found disabled. In Hyatt v. Sullivan 899 F.2d 329 (4th Cir.1990), the Fourth Circuit addressed an issue almost identical to the issue with which this court is currently wrestling: whether the Commissioner’s Social Security rulings place undue evidence on objective medical evidence at the expense of claimants’ subjective complaints. The Hyatt court rejected SSR 88-13 for its undue emphasis on objective medical evidence and described one part of the SSA’s standard stating, “Such a requirement of objective evidence as to the pain’s intensity is improper.” Id. at 334. To rectify the situation the court added, “Should the Secretary wish to amend the ruling to make it clear that it is not a reiteration of previous policy and that it has a more current effective date which does not adopt rejected policy, then the regulation may remain in effect.” Hyatt, 899 F.2d at 336. That is to say, the Fourth Circuit agreed with the contention the plaintiffs make in this case, that whatever changes the Commissioner makes in his new Rulings mean little if he continues to clarify rather than break with the policy established in his previous Rulings. The plaintiffs also refer to the disputed findings of fact in which they claim DDS has not offered agency-wide training since November 1,1994. They argue that, even if the most recent Social Security Ruling to address subjective complaints of pain, SSR 96-7p generally adheres to Polaski, it is unrealistic to expect that DDS’s employees and contractees will be familiar with the changes in policy, despite the written notices in changes of policy which those persons may have received. For similar reasons, the plaintiffs argue that a recent memorandum from the associate commissioner for disability to the regional commissioner, Chicago, Re: Questions of the Issue of Pain and Residual Function Capacity (RFC) Limitations, dated January 10, .1995, is of limited use in correcting the systemic problem. Two other, but similar memoranda, sent to the regional commissioners in San Francisco and Denver were issued prior to the most recent agency-wide training in Iowa, but they were not addressed to the regional commissioners whose region includes Iowa. Whether or not there has been agency-wide training is a disputed fact. The defendants claim they offered their entire adjudicative staff training which discussed the new SSRs such as 96-7p in late September and early October of 1996. This fact is disputed, but if ultimately the court accepts the defendants’ training claims (as seems likely) this factor would not favor the plaintiffs. In their final argument with respect to the Commissioner’s practices, the plaintiffs argue the Commissioner’s failure to acquiesce to Eighth Circuit precedent on the subjective complaint issue is just one example of the Commissioner’s overarching policy of actively resisting acquiescing to any Eighth Circuit precedent with which he does not agree unless he is explicitly told he must do so. In support of this allegation, the plaintiffs cite Layton v. Heckler, 726 F.2d 440 (8th Cir.1984), where the Eighth Circuit held, “In view of the ALJ’s failure properly to consider the subjective complaints of pain and the inadequacy of his credibility finding, we remand to the ALJ for reconsideration of whether Layton’s pain is disabling. In doing so, we wish to underscore that we shall continue to upset the findings of the’ Secretary until such time as she sees fit to comply with the decisions of this Court.” Layton, 726 F.2d at 442. Similarly, in Hillhouse v. Harris, 715 F.2d 428 (8th Cir.1983), the Eighth Circuit held, Although we need not decide the issue in this case, we note the Secretary continues to operate under the belief that she is not bound by district or circuit court decisions. In its findings the Appeals Council states, “the Secretary is bound only by the provisions of the Social Security Act, regulations and rulings, and by United States Supreme Court decisions. A district or circuit court decision is binding only in the specific case it decides.” ... The result of this individual case should not obscure the fact that the regulations of HHS are not the supreme law of the land. “It is, emphatically, the province and duty of the judicial department, to say what the law is,” Marbury v. Madison, 1 Cranch 137, 177, 2 L.Ed. 60 (1803), and the Secretary will ignore that principle at his peril. Hillhouse, 715 F.2d at 430. The plaintiffs also argue DDS fails to follow Polaski’s subjective complaint standard for reasons not directly related to the Commissioner. First, they point to Dr. Staples’s deposition where he testified when he compiles an RFC form: I evaluate all of the cases using the same general manner. You look at what are the allegations. What is the onset of allegation? What is the objective evidence to support this based on the treating physician? The studies that have been done, range of motions, X rays, all of that, and an ADL, and then one comes up with what seems to be reasonable based on the objective evaluation of the objective material. Plaintiffs’ Statement of Undisputed Facts, ¶ 62. Dr. Staples also testified about subjective complaints stating: Who am I to say they’re correct or not correct. I go by what’s in the record, objective evaluation of — as much objective evidence there is, and I don’t feel it’s appropriate for me to comment on the correctness or not correct or incorrectnes