Braun v. Ribicoff
Decision Date | 29 June 1961 |
Docket Number | No. 13349.,13349. |
Citation | 292 F.2d 354 |
Parties | John M. BRAUN, Appellant, v. Abraham A. RIBICOFF, Secretary of Health, Education and Welfare. |
Court | U.S. Court of Appeals — Third Circuit |
Kester R. Pierson, Asst. U. S. Atty., Newark, N. J. (Chester A. Weidenburner, U. S. Atty., Newark, N. J., on the brief), for appellee.
Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.
The plaintiff, Mrs. Julia Carr, the mother of John M. Braun, filed a complaint pursuant to subchapter II of the Social Security Act as amended, Section 205(g), 42 U.S.C.A. § 405(g), to review a denial by the Secretary of Health, Education and Welfare of a claim of John M. Braun, for "childhood disability benefits" under Section 202(d) of the Act, 42 U.S. C.A. § 402(d).1 An answer was filed by the Secretary denying liability. Cross motions for summary judgment predicated on the pleadings and on a certified transcript of the administrative record were filed and the court below granted the Secretary's motion.2 The appeal at bar followed.
The application originally filed for Braun by his mother for disability benefits was rejected by the Bureau of Old-Age and Insurance of the Social Security Administration and a hearing was requested before a Referee. This was granted.
The following appears from the transcript of the administrative record and exhibits admitted by the Referee. Braun was born in 1935. At the age of eleven he was seriously injured as a result of a collision between two automobiles. He was seated on the curb and one of the colliding cars rolled over him, fracturing his skull. Up to this time he had had no difficulties of any kind and had been an honor student at school. After treatment for this injury at a local hospital he was admitted to Temple University Hospital because of severe personality changes, aphasia, and paralysis of the right arm, leg and face. His personality disturbance was marked by apprehension and constant crying. The hemiplegia involved his right arm, face and leg, and the motor aphasia affected his speech. He could not use the right words. After exploratory trephines, a large subdural hematoma was found on the left side of his skull. This was removed by surgery. Some improvement in his condition followed. There was some recession of his hemiplegia and aphasia, but he continued to present a serious personality problem. At thirteen years of age further medical examination showed that the hemiplegia seemed to be clearing up but that Braun continued to suffer from headaches and dizziness. There was a prognosis that he might become entirely free of this discomfort. Psychological testing showed that he was functioning at that time at about the ten-year old level. Dr. J. B. Spradley, a qualified neurologist, head of the New Jersey State Hospital at Trenton until his retirement to private practice, as the result of an examination made in September, 1948, reported:
Dr. Spradley examined Braun again on November 30, 1957, shortly after Braun's application was filed with the Bureau of Old-Age and Survivors Insurance of the Social Security Administration, and this report is also in evidence. He stated that at the time of his earlier examination of Braun, he had "recognized that there was an intellectual defect caused by the trauma, that he would not be able to progress normally in school, and gave the opinion that personality changes might develop. I suggested that the parents give consideration to placing him in an institution for special training.
Dr. Bernard A. Hirschfield, at the request of the Referee or the Bureau gave Braun a psychiatric examination on August 19, 1958. Dr. Hirschfield's report also is part of the record. After reciting Braun's disabilities largely in terms of behavioral problems, Dr. Hirschfield made the following "Comment":
There is also included in the record by the Referee exhibits showing Braun's various employments. These were generally of a temporary nature though he had a job as a truck driver with the Trenton Times for approximately 18 months before he was dismissed. He worked for the Wellington Print Works, Inc. for 6 months at a wage of $50 a week. He had a position with Acme Rubber Company for about 3 months. Most of his jobs were of short duration. He was in the Naval Reserve for a year and a half but was given a medical discharge after two weeks at boot camp. The scars of the trephining are apparent on his head and there are obvious depressed places on his skull.
Both Braun and his mother testified before the Referee. Mrs. Carr, widowed by the death of the claimant's father, had remarried, and stated there was real friction in the home particularly between Braun and his stepfather. It was obvious, as the Referee found, that Braun presented and presents a serious case of disturbed personality, that he is sullen, morose, irritable, particularly when his headaches are upon him, uncooperative with his employers, and altogether a "difficult" individual. He apparently ceased to attend school, having incurred difficulties there, when he passed the 9th grade. On the other hand it would seem that he is not generally disoriented but that he possesses many psychopathic traits, as the Referee indicated in his opinion. Both Braun and his mother testified that he had been without gainful...
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