Basinger v. Heckler
| Decision Date | 30 January 1984 |
| Docket Number | No. 82-2374,82-2374 |
| Citation | 725 F.2d 1166 |
| Parties | , Unempl.Ins.Rep. CCH 15,074 Andrew BASINGER, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Selner, Glaser & Komen, P.C., St. Louis, Mo., M. Kathleen O'Blennis, Clayton, Mo., for appellant.
Thomas E. Dittmeier, U.S. Atty., Bruce D. White, Asst. U.S. Atty., St. Louis, Mo., for appellee; Paul P. Cacioppo, Regional Atty., Region VII, Robert VanNorman, Asst. Regional Atty., on brief, Dept. of Health and Human Services, Kansas City, Mo., of counsel.
Before BRIGHT, ARNOLD and FAGG, Circuit Judges.
Andrew Basinger appeals from an order of the district court, 550 F.Supp. 295, affirming the decision of the Secretary of Health and Human Services to deny his application for Social Security disability benefits.
Basinger last met his insured status under the Social Security Act on March 31, 1978. Basinger applied for disability benefits on December 30, 1980, alleging he had been disabled since 1977 by multiple impairments stemming from his diabetes. Basinger is a 59-year-old male with a tenth grade education. He quit work in 1973 because his poor health and general weakness was interfering with his ability to perform his duties.
Basinger was first diagnosed as a diabetic in 1968. A physician prescribed oral medication for his diabetes, which Basinger continued to take until 1980. Basinger saw his physician intermittently for five years, but then Basinger did not see a physician between 1973 and 1980. In September 1980 Basinger was hospitalized for his diabetes, a slowly degenerative condition which, according to his physician, had become "completely out of control." In 1981, two physicians stated that as a result of his diabetes, Basinger was permanently and totally disabled.
It is evident that Basinger's ultimately disabling problems began prior to the expiration of his insured status in 1978. We recognize that at least one court has taken the view that in cases involving a latent and degenerative condition, the claimant is entitled to disability benefits if he or she has a present disability that is directly traceable to a condition having its inception before the expiration of disability insurance coverage. See Cassel v. Harris, 493 F.Supp. 1055, 1058 (D.Colo.1980). In this circuit, however, the burden is on the claimant to show the existence of a disability on or before the date that the insurance coverage expires. Bastian v. Schweiker, 712 F.2d 1278, 1279-80 (8th Cir.1983); Milton v. Schweiker, 669 F.2d 554, 555 (8th Cir.1982). Because of Basinger's failure to see a physician during the relevant time frame, there is little medical evidence in the record on the issue of when Basinger's condition became disabling.
The administrative law judge held that Basinger did not meet his burden of providing medical evidence that he was disabled on or before the expiration of his insured status. The Secretary affirmed the administrative law judge's decision. The district court noted the absence of evidence concerning the severity of Basinger's diabetes during the relevant time frame, and conceded that "[w]hether Basinger's medical problems disabled him prior to March 31, 1978, this Court cannot discern." In view of the lack of objective medical evidence presented by the claimant, however, the district court affirmed the Secretary's decision. Because we believe that the administrative law judge failed to give adequate consideration to all of Basinger's evidence, we reverse the Secretary's decision and remand for another hearing.
Our function on review is to determine whether the Secretary's decision is supported by substantial evidence on the record as a whole. 42 U.S.C. Sec. 405(g). See also Baugus v. Secretary of Health and Human Services, 717 F.2d 443, 445 (8th Cir.1983); McMillian v. Schweiker, 697 F.2d 215, 220 (8th Cir.1983). In order to qualify for disability benefits, a claimant bears the burden of proving that he is unable to engage in substantial gainful activity due to a medically determinable physical or mental impairment which is expected to last for at least twelve months or result in death. 42 U.S.C. Sec. 423(d)(1)(A). See also Nettles v. Schweiker, 714 F.2d 833, 836 (8th Cir.1983); McMillian v. Schweiker, supra, 697 F.2d at 220. However, once the claimant proves that he is unable to perform his prior work, the burden shifts to the Secretary to establish that he can perform some other kind of substantial gainful activity. Van Horn v. Heckler, 717 F.2d 1196, 1198 (8th Cir.1983); Tucker v. Schweiker, 689 F.2d 777, 779 (8th Cir.1982).
Basinger was last employed in 1973 when he was spray-painting stone tops for lavatories. Basinger was required to lift and carry the tops, which generally weighed between 50 and 200 pounds. Also, Basinger made wooden crates for the tops, requiring him to bend, measure, and hammer.
In this case, there was objective medical evidence indicating that in 1980, Basinger suffered from severe insulin dependent diabetes mellitus, diabetic neuropathy, essential hypertension, and chronic obstructive pulmonary disease. Also, two physicians gave their opinions that in 1980 Basinger was permanently and totally disabled as a result of his diabetes. One of the physicians noted that Basinger's problems, including diabetic neuritis, diabetic eye changes, and arteriosclerosis take at least five years and in most cases ten years to develop, and he concluded that Basinger's problems clearly began before 1978.
At the administrative hearing, Basinger testified that he had lost his strength in his legs and hands, that he had lost his sense of feeling in his hands and feet, that he suffered pain in his legs, that he had problems with his feet swelling, that he experienced trouble walking any distance, that he could not sit for very long at a time, that he was not able to sleep for any long period of time, and that he had breathing difficulties. He also testified that he had experienced all these problems for at least five years and that they had become progressively more serious. Basinger provided specific examples of how his problems had affected him during the period of his insured status. In October 1977 a friend replaced the water hoses and sparkplugs on Basinger's car, a task which Basinger had performed in the past, but which he was then unable to do because he could not grip a screwdriver or pliers. In January 1978 a friend installed a vanity in Basinger's home because Basinger knew that it would be useless to try. Basinger also stated that in 1978 or before he was not able to do the grocery shopping and that it bothered him to walk around in the store.
Basinger's wife testified at the hearing that in 1978 or earlier, Basinger had trouble walking, climbing or descending stairs, and gripping things with his hands, and she stated that he had generally become weak. Specifically, she stated that by 1978 he was no longer able to wash windows, hang curtains, carry groceries, pick up things around the yard, get up on a ladder, or hold a hammer or nail. Mrs. Basinger's sister stated in an affidavit that she had helped her sister wash windows, perform housework, and move furniture at various times since 1975 because Basinger was physically unable to do these things. Additionally, Basinger's son attested that in the summer of 1975 he painted his parents' house because his father was unable to climb a ladder, and in 1978 he did yardwork for his father because his father was unable to use his hands for any length of time.
Although the medical evidence in this case is admittedly scant, we believe that considering all of the objective and subjective evidence presented, Basinger's evidence, if believed, satisfied his initial burden...
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