Dunn v. Richardson

• Decision Date: 22 March 1971
• Docket Number: Civ. A. No. 18552-3.
• Parties: Annie Mae DUNN, Plaintiff, v. Elliott L. RICHARDSON, Secretary of Health, Education, and Welfare, Defendant.
• Court: U.S. District Court — Western District of Missouri

325 F. Supp. 337

Annie Mae DUNN, Plaintiff, v. Elliott L. RICHARDSON, Secretary of Health, Education, and Welfare, Defendant.

Civ. A. No. 18552-3.

United States District Court, W. D. Missouri, W. D.

March 22, 1971.

Albert Copaken, and Sylvia Copaken, Copaken & Copaken, Kansas City, Mo., for plaintiff.

Anthony P. Nugent, Jr., Asst. U. S. Atty., Kansas City, Mo., for defendant.

ORDER REMANDING ACTION TO DEFENDANT FOR THE TAKING OF ADDITIONAL EVIDENCE AND DENYING DEFENDANT'S MOTION TO STRIKE AS MOOT

WILLIAM H. BECKER, Chief Judge.

This is an action under Section 405(g), Title 42, United States Code, for review of a disability determination made by defendant on May 28, 1970, denying plaintiff's claim. Plaintiff's petition for review was filed in this Court on July 23, 1970.

Plaintiff originally filed her claim for disability benefits on March 25, 1969. The claim was denied by the Social Security Administration on initial consideration and again on reconsideration. On December 15, 1969, at plaintiff's request, a hearing was held, and the hearing examiner, on December 19, 1969, entered his decision against the plaintiff. On May 28, 1970, the Appeals Council of the Social Security Administration affirmed the hearing examiner's decision. Thus, the decision of the hearing examiner stands as the final decision of the Secretary. This final decision is reviewable in this Court under the provisions of Section 405(g), supra.

The standards of disability applicable in these proceedings are those set out in Sections 416(i) (1) and 423(d) (1) of Title 42, United States Code, which read as follows:

"The term `disability' means—

"(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; * * *."

It is plaintiff's contention that she meets this standard because she contends that she became unable to work in October 1968, at age 38, because of poor vision and head and back injuries. Defendant concedes that plaintiff meets the earnings requirement for disability purposes until June 30, 1973.

THE EVIDENCE OF RECORD

A review of the relatively brief record which was considered by the hearing examiner in denying disability benefits shows the following:

(1) A "Medical Report" of J. Kenneth Coles, D.O., dated March 28, 1969, and received by the Social Security Administration on April 15, 1969. This report merely contains the following notation:

"12-24-68 Trauma from accident. Reffered (sic) to Dr. Lemoine—KU Med. Center. J. Kenneth Coles, D.O."

(2) A "Medical Report" of Clarence S. Coffey, D.O., dated March 28, 1969, and received by the Social Security Administration on April 15, 1969. The report reads as follows:

"Our records indicate we have attended this patient for a number of ailments of no particular signifience (sic) dating back to about 1965.

"During the past year the patient has developed complaints and manafestations (sic) of impairments that may be considered disability, in which we are unable to classify or type.

"It is the opinion, that our report of findings would not be fair to the patient as a qualified evaulation (sic) of her disability. It is our strong belief that she should have a medical study first under qualified neurological methods to determine whatever there may be reason to consider disability.

"The body reflexes and vision are matters we suspect of being of potential serious concern."

(3) Social Security Administration Report of Disability Interview with claimant on March 25, 1969, reading as follows:

"On 10/14/68, wage earner slipped on floor while at work and fell backwards and injured head, neck and back. After a few minutes the wage earner was able to get up and go to the plant `hospital' located on the employer's premises. The nurse gave the w/e some pain pills and told her to come back the next day. X rays of back and neck and head were taken the next day, and it was found she had a smashed disc on left side of neck and 2 discs out of place in back. The company doctor recommended therapy treatments which she took daily for 3 months. W/e wore a neck brace for about 2 months. Since the accident the w/e has had severe headaches and poor vision. She has been unable to work since 10/14/68. She is presently taking pain pills as needed.

* * * * * *

"W/e's eyesight has become worse.

* * * * * *

"W/e can see large objects. All other objects seem blurred. No restrictions at this time. She is unable to do anything that requires good vision. Unable to read.

* * * * * *

Daily activities "W/e takes care of personal needs. She lives alone in a 4 room house. Members of her family spend a part of each day with her. W/e does light housework and her own cooking. She has no income at this time."

* * * * * *

"Unable to drive because of sight.

* * * * * *

"W/e signed name but had to bend head close to paper.

"W/e was attractive young appearing woman—neatly dressed—very cooperative."

(4) Radiology Consultation report dated December 26, 1967, by Mayorga E. Palacios, M.D. This report recites that plaintiff had suffered "neck and back pain" and "weakening of right arm" from a "car wreck." According to the report, plaintiff suffered "what appears to be a fracture" in the "left lateral arch of the seventh rib on the left." With regard to the skull, the report reads as follows:

"Multiple projections reveal the heavy calcification in the falx cerebri-Sella turcica is somewhat deep. No gross evidence of destruction. There is a curvalinear density overlying the anterior parietal area, which appears to be outside the skull. This may represent an artifact. If clinically indicated, this should be repeated for better evaluation. There is no gross evidence of fractures."

The report further found "as an incidental finding, there is (sic) congenital bony defects in the wings in the sacrum."

(5) Letter of Bernard Mark Abrams, M.D., dated May 22, 1969, to the OASI Disability Determinations Counselor, Elmer O. Holtan, which reads as follows:

"I saw this 38 year old, right handed, Negro lady at your request on 21 May 1969. She worked on a processing line at the Hercules Sunflower Ordinance (sic) Plant in Kansas until October 1968 when she fell, striking the occiput, mid-thoracic region and lumbar region of her back. She now alleges complaints of `poor vision with blurriness,' sever (sic) occipital headaches, and thoracic pain. The patient claims her past health was good and that she worked with a good work record at Sunflower Ordinance (sic) for the past 3 years.

"The examination of Mrs. Dunn reveals a well developed, well nourished lady appearing about her stated age. Her mental status is remarkable only for the patient's indifference to her present complaints and concern with a variety of things like insurance forms to pay for her house while she is not working. She like several other Sunflower employees that I have encountered knows inside and out the rules related to employment disability insurance, etc. The patient's cranial nerves are distinguished by the fact that the patient claims that she cannot see anything including a single finger held up within two feet of her when she can see the examiner's face clearly. She refuses to cooperate with visual field testing. The optic fundi are normal with some areas of old coreo-retinitis around the discs on the temporal margins bilaterally. The remainder of the cranial nerves are normal. Motor power is weak because of lack of cooperation, the patient making only a very minor effort to squeeze the examiner's fingers or resist muscle movement. The deep tendon reflexes are equal and active. Sensation is intact, for all modalities. The examination of the cervical, lumbar and thoracic spines reveals no abnormality and there are no signs of sciatic nerve irritation.

"Summary and conclusions: This patient's complaints of poor vision and low back pain as well as headache appear to be on a hysterical basis to me. During the past several months I have become familiar with what might be only half factitiously called `the Sunflower Ordinance (sic) syndrome.' I have seen a number of employees of this plant, all of whom are litigious in the extreme, who seem to know the ins and outs of the disability insurance, etc., available at their plant. They all seem to be well equipped with a large variety of insurance forms to cover various exigencies of everyday life such as house payments, etc. None of them have (sic) demonstrated organic disease and all of them have had rather bizarre and hysterical complaints. Apparently a rather poor work situation exists there with a great deal of tension, part of it racial and part of it socio-economic. Long absences from work paid up to the patient's full eligibility based on length of service are not uncommon as I understand it from the plant physician. In summary then, this patient demonstrates a rather bizarre visual `loss' which is not objectively documented and severe occipital pains and thoracic pains which show no objective corroboration. I can see no disability in this patient.

"I trust the above will be of some assistance to you in your determination. Thank you for the privilege of seeing Mrs. Dunn."

(6) A Missouri Vocational Rehabilitation Medical Report on "Visual Disability" dated July 26, 1969, signed by Felix N. Sabates, M.D., in which it is noted that plaintiff's visual acuity for reading is "Less than J 14/35" in both eyes; that color perception was impossible to ascertain because of "poor vision"; that plaintiff's condition was "stable"; that no medical or other therapy was recommended; that plaintiff need not avoid any type of activity; and that "This patient has normal eyes and I could find no ocular pathology to explain the poor visual acuity in both eyes." According to the table attached to the report, a measurement of 14/35...