Cutler v. Weinberger

• Decision Date: 13 May 1975
• Docket Number: No. 527,D,527
• Citation: 516 F.2d 1282
• Parties: Hazel CUTLER, Appellant, v. Caspar WEINBERGER, as Secretary of the Department of Health, Education and Welfare of the United States of America, Appellee. ocket 74-1093.
• Court: U.S. Court of Appeals — Second Circuit

Page 1282

516 F.2d 1282

Hazel CUTLER, Appellant, v. Caspar WEINBERGER, as Secretary of the Department of Health,

Education and Welfare of the United States of

America, Appellee.

No. 527, Docket 74-1093.

United States Court of Appeals, Second Circuit.

Argued April 3, 1975.

Decided May 13, 1975.

Toby B. Golick, Brooklyn Legal Services Corp., Brooklyn, N. Y. (John C. Gray, Jr., Brooklyn Legal Services Corp., Brooklyn, N. Y., and E. Judson Jennings, Legal Services for the Elderly Poor, New York City, on the brief), for appellant.

Paul Blankenstein, App. Section, Civ. Div., Dept. of Justice, Washington, D. C. (Carla A. Hills, Asst. Atty. Gen., New York City, David G. Trager, U. S. Atty., Eastern District of New York, and Morton Hollander, App. Section, Civ. Div., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before ANDERSON, MANSFIELD and OAKES, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

This is an action brought by Mrs. Hazel Cutler pursuant to § 205(g) of the Social Security Act (the Act), 42 U.S.C. § 405(g), for judicial review of a final decision of the Secretary of Health, Education and Welfare denying her application for period of disability benefits and disability insurance benefits under §§ 216(i) and 223 of the Act, respectively (42 U.S.C. §§ 416(i) and 423). This court concludes that in light of the facts in this case, the interests of justice are best served by a remand to the administrative law judge for a new hearing.

On August 10, 1971, Mrs. Cutler filed an application for disability insurance benefits under the Act, alleging that she had been unable to work since March, 1963, because of "diabetes mellitus, dizziness, forgetfulness, unsteady walk, (and) arthritis." The Social Security Administration denied her claim both initially and upon reconsideration. At Mrs. Cutler's request a hearing was held on October 6, 1972 before an administrative law judge. Mrs. Cutler appeared and was assisted by Frederick A. Santo, a representative of the New York City Department of Social Services, but she was not represented by counsel and no medical experts were called to testify. The administrative law judge, in a decision dated December 4, 1972, found that Mrs. Cutler, who last met the insured status requirements of the Act on June 30, 1970, failed to establish that as of that date she had a disability of sufficient severity to preclude her from engaging in substantial, gainful activity; and that on or before the expiration of her insured status she had the residual capacity to perform her usual occupation. Accordingly, he concluded that she was not disabled within the meaning of the Act.

After the Appeals Council denied further review on February 6, 1973, Mrs. Cutler instituted an action in the district court, which held, on January 7, 1974, that there was "ample substantial evidence to justify the administrative determination." This appeal followed.

The record reveals that Mrs. Cutler, who is in her late fifties and had borne four children, all of whom are married, has now been separated from her husband for over twenty years. Her formal schooling ended after completion of the third grade, and she is unable to read.

Mrs. Cutler worked for the greater part of her adult life as a domestic despite the amputation of three fingers from her right hand. From 1950 to 1960 she worked regularly in that capacity, but from 1960 to 1965 she was employed only sporadically, allegedly because of the disabling effects of diabetes mellitus, dizziness, forgetfulness, unsteady walk, and arthritis. She ceased working altogether in May, 1965, after she underwent a hysterectomy, the effects of which, in combination with her other ailments, she claims made her totally unable to continue her work as a domestic. Since 1967 she has received bi-weekly welfare payments of $109.50 from the Department of Social Services of the City of New York, which considers her totally and permanently disabled.

Mrs. Cutler stated at the hearing that she falls frequently, due to arthritis and weakness in her legs; that she is continuously dizzy although medicine prescribed by a doctor reduces its severity; and that she has back pain and intermittent stomach pain. She testified that she is able to care for her personal needs and to prepare meals, but that her married daughter does the housework.

In addition to Mrs. Cutler's own testimony, the medical evidence before the administrative law judge consisted primarily of medical reports, many of which were and still are illegible, detailing her treatment at Queens General Hospital, Long Island Jewish Hospital, and the New York Diabetes Association, Inc. during a period spanning the years 1965 to 1971. No expert medical testimony was sought or offered by either side. The administrative law judge evaluated the medical evidence as follows:

"The medical evidence reveals that the claimant has a history of diabetes mellitus which is under good control and has not resulted in any manifestations of significant systemic impairments. Further, the evidence reveals this condition has not resulted in any diabetic complications. The lumbo-sacro spine x-ray was negative and the cervical spine x-ray was essentially negative. The orthopedic medical examiner found no orthopedic problems. The complaint of dizziness is not supported by the medical evidence. However, in any event, references have been made in medical record that the dizziness has improved. Further, the electroencephalogram and skull x-rays were reported as normal. The other conditions noted in the record are not incapacitating. The undersigned carefully observed the claimant throughout the course of the hearing. She did not appear in any pain, discomfort or distress; and she walked without difficulty."

Additional evidence not presented at the above hearing was submitted to the Appeals Council in connection with Mrs. Cutler's petition for review. This evidence consisted of the history sheets of the Department of Social Services of the City of New York pertaining to her case; her application to New York City for public assistance; and a written statement, dated January 3, 1973, by Mary Ann Deans, claimant's daughter, corroborating much of Mrs. Cutler's testimony regarding her physical ailments.

The general rule is that this court must sustain a final decision by the Secretary if it is supported by "substantial evidence" on the record as a whole. See Gold v. Secretary of Health, Education and Welfare, 463 F.2d 38, 41 (2 Cir. 1972); Franklin v. Secretary of Health, Education and Welfare, 393 F.2d 640 (2 Cir. 1968); 42 U.S.C. § 405(g). Although an examination of the record reveals that the Secretary's determination is at least technically supported by substantial evidence, this Circuit has observed that the Social Security Act is remedial or beneficent in purpose, and, therefore, to be "broadly construed and liberally applied." Gold v. Secretary of Health, Education and Welfare, supra, at 41, quoting from Haberman v. Finch, 418 F.2d 664, 667 (2 Cir. 1969). Consistent with this view of the Act, courts have not hesitated to remand for the taking of additional evidence, on good cause shown, where relevant, probative, and available evidence was either not before the Secretary or was not explicitly weighed and considered by him, although such consideration was necessary to a just determination of a claimant's application. See, e. g., Hamm v. Richardson, 324 F.Supp. 328 (N.D.Miss.1971); Covo v. Gardner, 314 F.Supp. 894 (S.D.N.Y.1970). See also 42 U.S.C. § 405(g). ¹ Cf. Gold v. Secretary of Health, Education and Welfare, supra, at 44.

The present case suffered from infirmities of this kind. Many of the medical records included in the case are illegible, either because of the poor quality of the reproduction, the handwriting of the physician, or both. Under the circumstances this court has no way to determine whether the Secretary fully understood some of the medical reports before him. Where the medical records are crucial to the plaintiff's claim, illegibility of important evidentiary material has been held to warrant a remand for clarification and supplementation. See Machen v. Gardner, 319 F.Supp. 1243 (E.D.Tenn.1968). The record also fails clearly to indicate that the Secretary gave proper consideration to the effect upon her of the coexistent combination of illnesses from which she claimed to suffer. See Gold v. Secretary of Health, Education and Welfare, supra, at 42; Hicks v. Gardner, 393 F.2d 299, 302 (4 Cir. 1968); Dillon v. Celebrezze, 345 F.2d 753, 756-757 (4 Cir. 1965). The combination of Mrs. Cutler's diabetic condition, dizziness, obesity (she is approximately five feet tall and weighs 180 pounds), amputated fingers, back pain, etc., was apparently sufficient to satisfy the Department of...