Burton v. Schweiker

• Decision Date: 14 April 1981
• Docket Number: Civ. A. No. 80-1570.
• Citation: 512 F. Supp. 913
• Parties: Vernice BURTON, Plaintiff, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.
• Court: U.S. District Court — Eastern District of Pennsylvania

512 F. Supp. 913

Vernice BURTON, Plaintiff, v. Richard S. SCHWEIKER,¹ Secretary of Health and Human Services, Defendant.

Civ. A. No. 80-1570.

United States District Court, W. D. Pennsylvania.

April 14, 1981.

Roger A. Lee, Southwestern Pa. Legal Aid Society, Inc., Washington, Pa., for plaintiff.

Philip P. O'Connor, Jr., Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

MEMORANDUM OPINION

TEITELBAUM, District Judge.

This is an action brought under 42 U.S. C.A. § 405(g) to review the Secretary's final decision denying plaintiff Vernice Burton's claim for disability benefits under Title II of the Social Security Act. Both parties have filed motions for summary judgment; plaintiff in the alternative asks that this case be remanded to the Secretary for further findings. After careful consideration of the record, this Court concludes that the Secretary's motion for summary judgment must be granted.

The plaintiff filed her present application for disability benefits on July 19, 1979. The Social Security Administration denied the application both initially and upon reconsideration. The plaintiff was granted a de novo hearing before an Administrative Law Judge (ALJ) in which she was represented by counsel. The ALJ concluded that plaintiff's impairment had not been disabling on or before June 30, 1973, the date on which she last met the special earnings requirement of the Act. This decision was upheld by the Appeals Council and thereby the Secretary finally denied the claim.

The plaintiff was born on January 31, 1930. She is a high school graduate and was last employed on a full-time basis by the telephone company as a maintenance and janitorial worker for approximately one year during 1969 and 1970. The last job she had was as a housekeeper in a private home. This job required that she work one full day a week cleaning house, scrubbing floors, washing windows, and doing other household chores. This employment lasted for a period of over one year and was terminated in 1973 because her employer moved away.

The plaintiff claims an inability to work since June 15, 1970 due to problems with her legs and balance. She testified that she began having problems with her legs about 1963. She complained of a weakness and unsteadiness in her legs that is accompanied with pain. The plaintiff testified that since 1970 she has been only able to walk one block, sit five or ten minutes and stand five or ten minutes. Dr. Albert Saloom, a general practitioner and the plaintiff's physician, reported that he had treated the plaintiff since 1963 for episodes of loss of equilibrium which first showed improvement but became worse in 1975. However, the plaintiff was not treated by Dr. Saloom for this or any related problems from 1965 to 1974. The medical evidence shows that the plaintiff was first hospitalized for this condition in 1975. When the plaintiff was hospitalized she underwent an extensive evaluation. The diagnosis was hysterical conversion reaction. Dr. Gerald Lisowitz, a specialist in psychiatry and neurology, reported that a diagnosis of conversion reaction appeared to be correct as a complete workup revealed no organic abnormality.

The Secretary's determination as to the status of a claim requires the correct application of the law to the facts. The court's power of inquiry into the process is limited to reviewing the decision for possible errors in the application of the relevant legal standard, 42 U.S.C.A. §§ 405(g), 423(a)(1)(D), and to making sure the Secretary's findings are supported by substantial evidence. Cotter v. Harris, 642 F.2d 700, 704 (3rd Cir. 1981). Substantial evidence is such evidence as a reasoning mind might accept as adequate to support a conclusion. Id. If the reviewing court determines that the Secretary's findings are supported by such evidence the findings must be accepted as conclusive. Id. Deference is to be given administrative decisions; however, the court when conducting its inquiry has the duty to review the entire record and to reverse or remand the Secretary's decision if it is not supported by substantial evidence. Smith v. Califano, 637 F.2d 968 (3rd Cir. 1981).

The issues raised by the plaintiff involve both of the aforementioned avenues of inquiry. They are: (1) the ALJ's findings are not supported by substantial evidence; (2) the ALJ has failed to make full and explicit findings; (3) the ALJ has failed to meet the burden of showing that substantial job opportunities exist in the economy that could be occupied by persons of plaintiff's background; (4) the ALJ erred in finding that the plaintiff was substantially gainfully employed while working one day a week as a housekeeper; and (5) the ALJ incorrectly applied the regulations. These five contentions will be discussed in reverse order.

In order to qualify for benefits, the plaintiff has the burden of establishing disability as defined by the Act. 42 U.S.C.A. § 423(d)(5); Hess v. Secretary of Health, Education and Welfare, 497 F.2d 837 (3rd Cir. 1974). "The test for disability involves two major factors: (1) a determination of the extent of physical or mental impairment and (2) a determination as to whether that impairment results in an inability to engage in any substantial gainful activity". Stancavage v. Celebreeze, 323 F.2d 373, 377 (3rd Cir. 1963). With regard to the second element of this test the Secretary has adopted medical vocational regulations. These regulations require a five step sequential evaluation of disability claims. The proper application of this fifth step is disputed. The plaintiff maintains that the evaluating procedure prescribed therein was not complied with. The plaintiff maintains that her psychological condition i. e. hysterical conversion reaction, by definition, evidences a non-exertional impairment that would require a step five analysis that mandated inquiry into the non-exertional limitations as well as the exertional limitations of the affliction. This argument assumes that an abnormal psychological state is necessarily attended with non-exertional impairments. However, the record indicates that the...