Blacha v. Secretary of Health and Human Services, No. 89-2290

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtBefore MERRITT, Chief Judge, and MARTIN and NELSON; PER CURIAM
Citation927 F.2d 228
Parties, Unempl.Ins.Rep. CCH 15926A Edward L. BLACHA, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.
Docket NumberNo. 89-2290
Decision Date31 August 1990

Page 228

927 F.2d 228
32 Soc.Sec.Rep.Ser. 519, Unempl.Ins.Rep. CCH 15926A
Edward L. BLACHA, Plaintiff-Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.
No. 89-2290.
United States Court of Appeals,
Sixth Circuit.
Argued Aug. 10, 1990.
Decided Aug. 31, 1990.

Page 229

Ronald D. Honig, Weisberg & Walkon, Southfield, Mich., for plaintiff-appellant.

Donna Morros Weinstein, Chief Counsel, Ayrie Moore, Robert Hanson, Dept. of Health and Human Services, Office of the Gen. Counsel, Region V, Chicago, Ill., Karl R. Overman, Asst. U.S. Atty., Office of the U.S. Atty., Detroit, Mich., for defendant-appellee.

Before MERRITT, Chief Judge, and MARTIN and NELSON, Circuit Judges.

PER CURIAM.

This is an appeal from a district court decision granting summary judgment to the Secretary of Health and Human Services in a social security disability case. For the reasons that follow, we shall affirm the judgment of the district court.

I

The claimant, Edward L. Blacha, worked for General Motors as a senior graphic engineer. The job was sedentary in nature, involving only light lifting. Mr. Blacha was injured in 1978, when his chair collapsed and he fell backwards. Although he continued working for two years, he has allegedly suffered from pinched nerves in the neck, severe headaches, occasional loss of feeling in the arms and hands, and low back pain.

Since June of 1981, Mr. Blacha has filed three applications for disability benefits. All were denied, and neither of the first two was pursued beyond the administrative level. This dispute centers on Mr. Blacha's third application, filed on July 18, 1987.

A hearing on the third application was held before an administrative law judge on March 3, 1988. Because the issue of the claimant's disability between January 20, 1981 and March 28, 1983, had been decided against him when the second application for benefits was denied on the latter date, the ALJ disposed of that portion of the claim on res judicata grounds. As to the claim for benefits with respect to the period after March 28, 1983, the ALJ found that: (1) Mr. Blacha had insured status up

Page 230

to and including December 31, 1986, but not thereafter; (2) the evidence established that Mr. Blacha did not meet any of the "listings" in 20 C.F.R. Part 404, Subpart P, Appendix 1; (3) Mr. Blacha had the residual functional capacity to perform work-related activities, except for work involving prolonged standing and walking, repetitive climbing of stairs or ladders, lifting, or work which would require standing and walking for more than 45 minutes at a time or sitting for over an hour at a time. On the basis of these findings, the ALJ concluded that Mr. Blacha was not disabled within the meaning of the statute. The Appeals Council denied a request for review, and this lawsuit followed.

The matter was referred to Magistrate Marcia G. Cooke, who recommended that summary judgment be entered in favor of the Secretary. Mr. Blacha filed objections to the magistrate's report, and the district court subsequently issued an opinion and order concluding that the Secretary was entitled to summary judgment. Mr. Blacha appealed. The principal issues on appeal are whether substantial evidence supports the decision of the Secretary and whether the Secretary erred in refusing to reopen the second claim for benefits.

II

We agree with the magistrate's conclusion that Mr. Blacha's disability did not come within the listing's definition of a disorder of the spine, 20 C.F.R. Part 404, Subpart P, Appendix 1, Sec. 1.05:

"There is no evidence the plaintiff has arthritis to such a degree that his joints are imobile [sic] or consolidated. Neither the cervical or lumbar spine are fixed at 30 degrees or more of flexion measured in the neutral position. Moreover, there is no x-ray evidence of calcification of the anterior and lateral ligaments or bilateral ankylosis of the sacroiliac joints. Moreover, plaintiff has failed to show any vertebrogenic disorder such as significant...

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620 practice notes
  • Payne v. Kijakazi, Civil Action 4:20-CV-00125-HBB
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • December 16, 2021
    ...§§ 404.1529(c)(3)(i), 416.929(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Sec'y of Health & Human Servs., 927 F.2d 228, 231 (6th Cir. 1990) (As a matter of law, the Administrative Law Judge may consider household and social activities in evaluating complaints o......
  • Sandlin v. Kijakazi, Civil Action 1:20-CV-00178-HBB
    • United States
    • U.S. District Court — Western District of Kentucky
    • March 14, 2022
    ...§§ 404.1529(c)(3)(i), 416.929(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Sec'y of Health & Hum. Servs., 927 F.2d 228, 231 (6th Cir. 1990) (As a matter of law, the Administrative Law Judge may consider household and social activities in evaluating complaints of......
  • Lee v. Colvin, CIVIL ACTION NO. 1:12CV-00161-HBB
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • May 3, 2013
    ...416.929(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Secretary of Health and Human Serv's., 927 F.2d 228, 231 (6th Cir. 1990). Plaintiff's daily activities include helping to tend for a 21 month old infant, taking care of his own personal needs, helping/caring f......
  • Bloodworth v. Berryhill, CIVIL ACTION NO. 4:17-CV-00104-HBB
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • May 30, 2018
    ...§§ 404.1529(c)(3)(i), 416.929(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Sec'y of Health & Human Servs., 927 F.2d 228, 231 (6th Cir. 1990). The Administrative Law Judge may consider the frequency that the claimant has sought treatment for the allegedly disabli......
  • Request a trial to view additional results
622 cases
  • Payne v. Kijakazi, Civil Action 4:20-CV-00125-HBB
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • December 16, 2021
    ...§§ 404.1529(c)(3)(i), 416.929(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Sec'y of Health & Human Servs., 927 F.2d 228, 231 (6th Cir. 1990) (As a matter of law, the Administrative Law Judge may consider household and social activities in evaluating complaints o......
  • Sandlin v. Kijakazi, Civil Action 1:20-CV-00178-HBB
    • United States
    • U.S. District Court — Western District of Kentucky
    • March 14, 2022
    ...§§ 404.1529(c)(3)(i), 416.929(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Sec'y of Health & Hum. Servs., 927 F.2d 228, 231 (6th Cir. 1990) (As a matter of law, the Administrative Law Judge may consider household and social activities in evaluating complaints of......
  • Lee v. Colvin, CIVIL ACTION NO. 1:12CV-00161-HBB
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • May 3, 2013
    ...416.929(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Secretary of Health and Human Serv's., 927 F.2d 228, 231 (6th Cir. 1990). Plaintiff's daily activities include helping to tend for a 21 month old infant, taking care of his own personal needs, helping/caring f......
  • Bloodworth v. Berryhill, CIVIL ACTION NO. 4:17-CV-00104-HBB
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • May 30, 2018
    ...§§ 404.1529(c)(3)(i), 416.929(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Sec'y of Health & Human Servs., 927 F.2d 228, 231 (6th Cir. 1990). The Administrative Law Judge may consider the frequency that the claimant has sought treatment for the allegedly disabli......
  • Request a trial to view additional results

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