Ellis v. Schweicker
| Decision Date | 25 July 1984 |
| Docket Number | No. 83-3403,83-3403 |
| Citation | 739 F.2d 245 |
| Parties | , Unempl.Ins.Rep. CCH 15,514 Hugh ELLIS, Plaintiff-Appellant, v. Richard S. SCHWEICKER, Secretary of Health and Human Services, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Christopher K. Barnes, U.S. Atty., Columbus, Ohio, Nicholas J. Pantel, Asst. U.S. Atty., Cincinnati, Ohio, for defendant-appellee.
Frank J. Neff, Barkan & Neff, Columbus, Ohio, for plaintiff-appellant.
Before KEITH and MARTIN, Circuit Judges, and HILLMAN, District Judge. *
Hugh Ellis appeals from a district court order affirming the Secretary of Health and Human Services' (Secretary's) denial of Social Security Disability Benefits. The issue on appeal is whether the record contains substantial evidence to support the administrative law judge's (ALJ's) finding that Ellis' alleged psychiatric impairment did not significantly affect his ability to perform work related functions on or before March 31, 1968, the last date when appellant met the insured status requirements of the Social Security Act, as amended.
Appellant Hugh Ellis was born on February 21, 1926, and is currently 58 years old. He has a ninth grade education. Ellis worked as a merchant marine from 1943 to 1962, when he suffered a skull fracture when he was hit by a subway train while being robbed. In 1963, Ellis was found permanently and totally disabled from sea duty by the Merchant Marines.
Appellant filed this, his fourth, application 1 for disability benefits on April 24, 1980, alleging that he became disabled in 1962 by asthma, black lung, hypertension and a psychiatric impairment. Appellant last met the insured status on March 31, 1968. 42 U.S.C. Sec. 423(a)(1)(A), 20 C.F.R. Sec. 404.115(b). The ALJ found that, despite Ellis' exertional impairments, he could still perform sedentary and light work and concluded that Ellis' non-exertional impairments did not further restrict his ability to perform work related functions. The ALJ concluded that Ellis was not disabled as of March 31, 1968, within the meaning of the Social Security Act. See 20 C.F.R. 404, Rules 201.25, Table 1, and 202.17, Table 2 to Appendix 2 to Subpart P of the Secretary's Regulations.
The only finding challenged on appeal is that Ellis was not suffering from a disabling psychiatric condition on or before March 31, 1968. Our task is to determine whether that finding is supported by substantial evidence. See 42 U.S.C. Sec. 405(g). Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); LeMaster v. Weinberger, 533 F.2d 337, 339 (6th Cir.1976). The evidence is uncontroverted that today Ellis suffers from a chronic schizophrenic disorder which severely restricts his ability to perform work related tasks. The more difficult question is whether the evidence supports the Secretary's finding that Ellis was not so restricted by March 31, 1968, at the latest.
Appellant relies on the following pre-1968 evidence as support for his claim that he was disabled by a chronic psychiatric impairment on or before March 31, 1968:
1. Confinement to a state hospital in 1953 for a period of seven months.
2. A report of Ellis' stay at St. Vincent's Hospital of the City of New York, from February 1 to February 10, 1960, diagnosing Ellis as suffering from psychosis, type undetermined.
3. A 1962 admission to New York State Hospital.
4. A 1963 evaluation by Morton S. Edelman, M.D., diagnosing Ellis as status post-skull fracture and suffering from chronic schizophrenia, paranoid type. Dr. Edelman's report also notes a prior diagnosis of schizophrenia in 1958 from the U.S.P.H.S. Hospital on Staten Island. Dr. Edelman further reported that Ellis had been disqualified from Merchant Marine service on psychiatric grounds.
Appellant further relies on the following post-1968 evidence in support of his claim. The critical period for purposes of this appeal is that prior to March 31, 1968. However, because appellant claims that he suffered from a chronic and long-term impairment, we find evidence of plaintiff's condition after March 31, 1968, probative of his condition prior to that date.
1. A July 14, 1969, report from the Ohio State University emergency room stating that Ellis was having a "psychotic break."
2. A record from Columbus State Hospital where Ellis was admitted on May 23, 1973, diagnosing Ellis as suffering from psychosis, manic depressive type.
3. A 1973 psychiatric examination by Dr. Jayaskera of Columbus State Hospital diagnosing Ellis as manic depressive, manic type.
4. A 1978 record from Central Ohio Psychiatric Hospital, also diagnosing Ellis as manic-depressive, manic type. This report notes three prior stays at that psychiatric facility, in 1964, 1969 and 1973 respectively.
5. A 1982 evaluation by Allen R. Korb, M.D., a neurologist and psychiatrist.
Dr. Korb had previously evaluated Ellis in 1964 on behalf of the Social Security Administration. In that 1964 evaluation, Dr. Korb expressed the opinion that Ellis was not suffering from a psychiatric impairment at that time. However, in the 1982 evaluation, performed at the request of appellant's attorney, Dr. Korb revised his earlier opinion. He stated that further history and medical information demonstrate that Ellis has had a long-term schizophrenic illness with multiple exacerbations. Dr. Korb expressed the opinion that Ellis' long-standing and deep-seated psychiatric disorder had been in remission at the time of his 1964 evaluation. Dr. Korb further opined that Ellis has had some psychiatric problems since 1953, functioned marginally until 1964, but has been totally disabled by psychiatric impairment alone since 1964.
On the other hand, the Secretary relies on the following as support for the finding that Ellis did not suffer from a disabling psychiatric impairment on or before March 30, 1968:
1. The 1964 report of Dr. Korb, discussed above, stating that Ellis manifested no objective evidence of psychiatric or neurological disease at that time.
2. A 1971 medical evaluation performed by P.H. Blount, M.D., on behalf of the National Maritime Union Pension Fund. In his report, Dr. Blount did not circle "mental disturbance" as a condition from which Ellis suffered. He summarized that Ellis was "fair with the exceptions of headache, occasional dizziness, worse on exertion."
3. The discharge summary of Ellis' 1964 stay at Columbus State Hospital. Dr. Tolan, M.D., reported that on admission Ellis was hyperactive, confused mentally, disoriented and that his memory and insight were nil. However, the summary also notes that Ellis had been drinking heavily and that his mental problems cleared up during his hospital stay. Dr. Tolan also reported that Ellis had a job waiting for him at the time of his discharge.
Ellis met his prima facie burden of establishing that he was unable to perform his former work as of March 31,...
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