Covey v. Celebrezze
| Decision Date | 12 November 1964 |
| Docket Number | No. 14857-3.,14857-3. |
| Citation | 235 F. Supp. 871 |
| Parties | Mrs. Opal W. COVEY, Plaintiff, v. Anthony J. CELEBREZZE, Secretary, Department of Health, Education and Welfare, Defendant. |
| Court | U.S. District Court — Western District of Missouri |
Jack B. Robertson, of Rogers, Field & Gentry, Kansas City, Mo., for plaintiff.
F. Russell Millin, by Clifford M. Spottsville, Asst. U. S. Atty., Kansas City, Mo., for defendant.
This is an appeal from a final decision of the Secretary of Health, Education and Welfare denying a period of disability and a disability allowance under the Social Security Act, (42 U.S.C.A. §§ 416 (i) and 423), to plaintiff, Opal W. Covey. Jurisdiction in this court is established by the provisions of 42 U.S.C.A. § 405 (g).
On August 29, 1962, plaintiff filed her application to establish a period of disability and for a disability allowance, alleging that she had been unable to work since February, 1956, due to neck and back injuries that were suffered as the result of an automobile accident.
Her application was denied. Her administrative remedies were finally exhausted on January 10, 1964, at which time the instant action was commenced.
Plaintiff is 46 years of age and has an eighth grade education. She lives with her second husband and 12 year old daughter at Excelsior Springs, Missouri. Plaintiff claims that she was disabled by a back injury received in an automobile accident on February 10, 1956, and has been unable to engage in substantial gainful activity since that time.
Plaintiff was born and raised on a farm in Arkansas, and engaged in various farm tasks, in the home. In 1941, she was employed as a kitchen helper (with some minor clerical duties) at Knott's Berry Farm in California. In 1942 she learned riveting at a trade school in California and went to work for Douglas Aircraft Company. There she was a riveter, taught riveting, was a lead lady and did tool crib work.
In 1945 she moved to Wichita, Kansas, and obtained employment with Boeing Aircraft, soldering wires on bombadier panels. Later in 1945 she moved to Portland, Oregon, and was employed at the Kaiser Shipyards, wiring ships. She could, at that time, read wiring blue-prints.
In 1946, plaintiff moved to Bentonville, Arkansas, where she worked as a waitress, and then to Kansas City, Missouri, where she continued to work as a waitress at various restaurants until approximately 1949. In 1949-'50 she worked as a fry cook in the Kansas City area.
In 1950-'51, plaintiff worked as a packer in the Sunshine Biscuit Company factory in Kansas City. She packed cookies and candy by hand, and operated various machines that filled cookies, sealed bags, etc. These jobs required both sitting and standing.
In 1952, plaintiff did some part time work as a baby sitter. In 1953, she was a fry cook at a Kansas City restaurant. In 1954 for some time she worked at a cafe in an amusement park operation, and later was a fry cook at an Excelsior Springs, Missouri, hotel. In 1955, plaintiff sold photo enlargements on a commission basis (house to house). Plaintiff next worked for an indeterminate time in 1957 in a similar photo operation on a part time basis. She now makes velvet sofa pillows in the home, but states that her income would not be more than $75.00 per year from this endeavor.
On February 10, 1956, plaintiff was driving an automobile when another automobile collided with the rear of her car. There was minor physical damage to the automobile. However, plaintiff stated that she "passed out in the wreck", and that her husband had to come and get her. The accident occurred on Friday, and on the following Monday plaintiff went to the offices of Drs. Robichaux and Sanders in Excelsior Springs, Missouri. X-rays were taken of her chest because of her complaints of pain in that area; no broken ribs were found.
In the next two days, however, she experienced "terrific" pain in her neck. She received treatment from her doctors, and was hospitalized the following week. She stated that there is always pain in her neck, that it gets stiff, and that this condition had been continuous from the accident to the date of the hearing. She stated that the pain was not "real bad", but was intensified by using her arms over her head, and that she could not lift anything. She stated that she used salve, muscle relaxants and pain pills. She compared her pain with that of a bad toothache.
She stated that there were times when her neck got her down in bed and she was completely immobilized. She testified that she has headaches constantly.
Plaintiff stated that she began to have pain in her low back in 1958 at about the middle of the year. The pain was described as constant. Plaintiff testified that as of the time of the hearing, she could not remain standing for any length of time, nor could she remain seated, and she was only able to walk about one city block. She stated that in 1962 she had "bad trouble" with blood clots in her leg.
Plaintiff testified that her activities are quite limited; that she drives a car only on limited occasions and takes no long trips. She stated that she makes sofa pillows, but cannot work at it steadily because she must constantly change positions. She seldom visits and does no walking except around the house. She attends church when able. ("Maybe sometimes I can go all four Sundays and maybe the next month I'll go only twice.") She reads the Bible in the home with a group for one hour, one night a week. She does not attend any amusements except for an occasional drive-in movie. She does cook and bake for the family. She does no gardening, and the housework is principally done by her daughter. She stated that she can comb her hair and wash her feet, but cannot wash her back. She has great difficulty sleeping, reads some, watches T. V., but does not do the laundry. She testified that, in every three month period, she is down in bed from a week to a month.
George E. Sanders, M. D., who saw plaintiff following her injury, stated in his report, dated September 14, 1962, that on February 10, 1956, he diagnosed a whiplash injury with X-ray findings of subluxated cervical vertebra; that the patient was hospitalized, and that a cervical collar and Sonolater treatments were prescribed. He notes many office calls from February 10, 1956 to February 20, 1957.
Excelsior Springs Hospital records show that plaintiff was admitted on February 20, 1956, and discharged on March 4, 1956. Injuries indicated are whiplash and anxiety reaction. Treatment is listed as traction and neck brace.
Eugene B. Robichaux, M. D., in his report dated September 28, 1962, noted that plaintiff had not worked since February 1956. As of October, 1962, plaintiff's major complaints concerned her low back. He noted a back fusion and the removal of bone graft by Dr. Bolin. The report lists extreme lumbar tenderness and stiff neck as complaints.
The diagnosis was cervical arthritis, lumbar arthritis, post traumatic neurosis and anxiety reaction with hysteric and schizoid features. It is stated in the report that the plaintiff needs psychiatric therapy and less surgical interference. It was Dr. Robichaux's opinion that "restrictions on this patient's activities are many because of her mental attitude."
In a letter dated May 1, 1963, Dr. Robichaux enlarged his statement regarding the plaintiff. He stated that he attended the plaintiff from the date of the accident through November of 1958. He definitely stated that in his opinion, the plaintiff has been unable to engage in substantial gainful activity since the date of the accident on February 10, 1956.
In reviewing the plaintiff's medical history regarding the accident in question, Dr. Robichaux noted that she was hospitalized for the neck injury in February, 1956, and received continued treatment for a resulting somatic condition. By June of 1956, the psychiatric phase of the plaintiff's illness was apparent, and drugs and psychotherapy were instituted.
Plaintiff was urged to go to work as a therapeutic measure, and she did begin work in February, 1957, on a part time basis. She had major complaints and was not on the job more than 2 to 3 hours a day. At this time she had severe symptoms referrable to the eyes, as well as a dermatitis which was diagnosed as neuro-dermatitis.
On March 3, 1957, plaintiff had a severe mental crisis. Dr. Robichaux had a long consultation with the plaintiff. He stated that she suffered from a severe psychiatric disturbance of the schizoid variety with even homicidal tendencies. He recommended institutional care; this recommendation was not accepted and medical therapy was instituted.
On May, 1957, plaintiff was sent to E. H. Trowbridge, M. D., a psychiatrist, for psychiatric evaluation. An anxiety reaction with hysterical and schizoid features was found. Dr. Robichaux believed that severe psychoneurosis bordering on psychosis was present.
In November, 1957, Robichaux noted that there was a recurrence of symptoms every four to eight weeks and anticipated that the condition would be permanent. Severe limitation was found in the neck. Based on findings in the plaintiff's neck and the psychiatric findings, Dr. Robichaux believed that the plaintiff was completely disabled, and that the work done in 1957 was not successful therapy.
In the report of Dr. E. H. Trowbridge dated June 3, 1957, he diagnosed plaintiff's problem as an anxiety reaction with hysteric and schizoid features. No active psychosis was found at that time, and no organic impairment. Dr. Trowbridge felt that the plaintiff's problem was not a result of the accident but was of long standing duration.
In psychological tests given at Dr. Trowbridge's request at the Neurological Hospital, Kansas City, Missouri, in June of 1957, there was a finding of mixed personality disorder, hysteric and schizoid features, with no intellectual deterioration.
Dr. J. C. Bolin, an osteopathic...
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Bean v. Secretary of Health, Education and Welfare, Civ. A. No. W-5304.
...some weight, it is by no means conclusive. Halsey v. Richardson, 441 F.2d 1230 (6th Cir. 1971); Brock v. Finch, supra; Covey v. Celebrezze, 235 F.Supp. 871 (W.D.Mo.1964). The record discloses that the Secretary did take Dr. Little's opinion into consideration in reaching his final decision.......