Dean v. Flemming
| Decision Date | 17 April 1959 |
| Docket Number | No. 419.,419. |
| Citation | 180 F. Supp. 553 |
| Parties | Rufus W. DEAN, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education & Welfare, Defendant. |
| Court | U.S. District Court — Eastern District of Kentucky |
O. F. Duval, Olive Hill, Ky., for plaintiff.
Henry J. Cook, U. S. Atty., Lexington, Ky., for defendant.
By proper procedure the plaintiff sought an administrative determination that he was entitled to a period of disability and disability insurance benefits under the Social Security Act. 42 U.S. C.A. §§ 416 and 423. All administrative steps were taken and he was denied a recovery by a decision of the Referee and by the Appeals Council, Social Security Administration, Department of Health, Education and Welfare.
He brought this action November 12, 1957, asking that the decision of the Referee and Appeals Council be set aside and reversed and that he be granted the relief provided by the Social Security law for his alleged total and permanent disability. Jurisdiction of this court is conferred by 42 U.S.C.A. § 405(g).
On motion of the defendant this case was remanded to the Secretary of Health, Education and Welfare, on January 27, 1958, for further action by the Secretary pursuant to the provisions of the statute. On January 12, 1959, there was filed in the record the decision of the Appeals Council which upheld and sustained the decision of the Referee denying the claim. The opinion of the Appeals Council concluded that "the claimant's physical condition did not at the time of his filing application preclude his engaging in any substantial gainful activity within the meaning of the statute."
I am of the opinion that the decision of the administrative agency should be reversed and that the plaintiff is entitled to recover on the prayer of his complaint.
The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive. 42 U.S. C.A. § 405(g); Butler v. Folsom, D.C. 1958, 167 F.Supp. 684.
The reviewing authority of the District Court is not unlimited for it may not substitute its inferences for those of the referee which are supported by substantial evidence. Ferenz v. Folsom, 3 Cir., 237 F.2d 46. See numerous cases cited in the opinion.
I find no substantial evidence in the record on which the Referee could have based his decision. All of the evidence contradicts his conclusions except his own observations of the plaintiff. Apparently all of the medical testimony was nullified on the ground that the claimant was a man who appeared to be in good health. The recorded testimony was to the effect that the plaintiff is a common laborer with no skill. He has a seventh grade education which has been of no practical benefit in increasing his earning power. He worked in a brickyard for thirty five years handling brick. Now at the age of fifty five he states that he is unable to do anything because of a severe pain in his back and hip joints; that he is unable to sleep without taking medicine; and that he never knows what it is to be without pain. To use his words, in answer to a question from the Referee, "What do you do with your life?", he stated,
In addition to this his left leg is smaller than the other leg and he suffers from a stiffness in the back of his neck, lower back and legs. He has consulted three physicians of his own choice and one to whom he was referred by the Bureau of Rehabilitation Services. All four of these doctors testified and their diagnosis and prognosis of the plaintiff's condition are set forth in the record.
Dr. N. C. Marsh stated that the plaintiff was suffering from pain in the lumbo-sacral region and leg. The objective findings as diagnosed by X-Ray were degenerative disc at the lumbo-sacral interspace with hypertrophic arthritis in the lumbar spine area. This same doctor made a second report on an examination given the plaintiff about eight months after the first report in which he made an identical diagnosis and expressed the opinion that the plaintiff was totally and permanently disabled.
Dr. Marion G. Brown, an eminent orthopedic surgeon of Lexington, Kentucky, made a medical report based on an examination of the plaintiff on January 6, 1956, and stated that he was suffering from a marked narrowing of the lumbo-sacral interspace with large spurs bridging the lumbo-sacral interspace anteriorly. The report further stated that "after...
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Randall v. Flemming
...and the findings of fact. See Rhoads v. Folsom, 7 Cir., 252 F.2d 377, 380; Folsom v. O'Neal, 10 Cir., 250 F.2d 946, 947; Dean v. Flemming, D.C., 180 F.Supp. 553, 555; Chesney v. Flemming, D.C., 180 F.Supp. 437, 439; Jacobson v. Folsom, D.C., 158 F.Supp. 281, 285; Fuller v. Folsom, D.C., 155......
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Snelling v. Ribicoff
...F. Supp. 159, 163; Parfenuk v. Flemming, D.C., 182 F.Supp. 532, 535, 536; Blevins v. Fleming, D.C., 180 F.Supp. 287, 293; Dean v. Flemming, D.C., 180 F.Supp. 553, 556; Lease v. Fleming, D.C., 178 F. Supp. 169, 171; Stitely v. Fleming, D.C., 178 F.Supp. 357, 359; Sobel v. Flemming, D.C., 178......
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Phommakhot v. Saul, Civil Action No. 3:19-cv-00168
...construed in favor of a plaintiff. Docket No. 17-1, pp. 7-8, citing Walston v. Gardner, 381 F.2d 580 (6th Cir. 1967); Dean v. Flemming, 180 F. Supp. 553 (E.D.Ky. 1959); Lietz v. Fleming, 264 F.2d 311, 313 (6th Cir. 1959)). Accordingly, Plaintiff maintains that, pursuant to 42 U.S.C. § 405(g......
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Modla v. Gardner, Civ. No. 8901.
...is entitled to disability benefits is a close one, the doubt should be liberally construed in favor of the claimant. Dean v. Flemming, 180 F.Supp. 553 (E.D.Ky. 1959); Celebrezze v. Bolas (supra). Dr. Granick's testimony falls far short of showing the genuine employment opportunities availab......