Ferguson v. Schweiker

• Decision Date: 11 June 1985
• Docket Number: No. 84-1607,84-1607
• Parties: Elizabeth L. FERGUSON, Appellant, v. Richard S. SCHWEIKER, Secretary United States Department of Health and Human Services.
• Court: U.S. Court of Appeals — Third Circuit

Page 31

765 F.2d 31

10 Soc.Sec.Rep.Ser. 114

Elizabeth L. FERGUSON, Appellant, v. Richard S. SCHWEIKER, Secretary United States Department of Health and Human Services.

No. 84-1607.

United States Court of Appeals Third Circuit.

Argued May 2, 1985.

Decided June 11, 1985.

Eric J. Fischer (Argued), Community Legal Services, Inc., Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Serena Dobson, Asst. U.S. Atty., E.D. Pa., Beverly Dennis, III, Regional Atty., Edith M. Ho (Argued), Asst. Regional Atty., Office of the Gen. Counsel, Dept. of Health & Human Services, Philadelphia, Pa., for appellee.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges and SAROKIN, District Judge ^*.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Elizabeth L. Ferguson appeals from summary judgment in this Supplemental Security Income ("SSI") case in favor of the Secretary of Health and Human Resources. In April of 1980, Ferguson had applied for SSI benefits alleging that she was disabled within the meaning of Title XVI of the Social Security Act, 42 U.S.C. Sec. 1381 (1982), and Sec. 1382c(a)(3)(A) (1982) et seq. ¹ Her claims were denied at all administrative levels and the district court held the Secretary's decision to be supported by substantial evidence. Ferguson appeals the Secretary's determination that her impairments are not "severe" within the meaning of 20 C.F.R. Sec. 416.920(c). ² We conclude that Ferguson has submitted sufficient evidence to prove a prima facie case of disability under the standards announced by this court in Rossi v. Califano, 602 F.2d 55, 58 (3d Cir.1979), and that the Secretary failed to meet the burden of proof established by Rossi for overcoming a claimant's prima facie claim for benefits. We, therefore, reverse and remand for entry of an order directing the Secretary to pay disability benefits.

I. Factual Background

Ferguson is 67 years old, has a seventh grade education, has received no vocational training and claims to have been disabled since 1967 or 1968. Her memory of her job positions is vague and confused, but she acknowledges that from 1952 through 1967, she also performed domestic work in private homes that required frequent bending and reaching while mopping, vacuuming, sweeping, and cooking. From 1962-67, Ferguson also operated a power sewing machine with foot controls and did some light hand sewing. In 1978, she attempted to work as a salad maker five days a week, three hours a day. The latter position required her to stand most of the time, walk a great deal, and constantly bend and reach. Ferguson testified that she lifted no more than 15 pounds on this job. She used both hands for washing and cutting the salad and for serving the salad to customers. She lasted only three months in this position.

Dr. Henry Scott, a general practitioner, has been Ferguson's treating physician since 1968. Dr. Scott's letters and clinical notes indicate that Ferguson visited Dr. Scott consistently from 1968 through December of 1982 and that, over this period, he treated her for hypertensive cardiovascular disease, chest pain, lower back pain, anxiety neurosis, degenerative joint disease, headaches, fungus infection of both hands, bronchitis, diabetes-mellitus, and kidney problems. Tr. 194-95, 196-99, 209, 222-79, 284. Her medications since 1979 include arlidin, hydrodiuril, valium, clinoril, antivert, lotrimin, persantine, and a variety of remedies for upper respiratory infections. Tr. 199.

Beginning in 1980, Ferguson filed three separate SSI applications with the Social Security Administration claiming disability dating back to 1968 due to hypertensive heart disease, hardening of the arteries, bronchitis, asthma, and a fungus infection. The three applications were consolidated and only evidence submitted after December 21, 1977 was considered.

At all levels of agency review, the Secretary had access to Dr. Scott's written assessments of Ferguson's condition, which, without exception, classified Ferguson as "disabled" (Tr. 196, 284), "not employable" (Tr. 196), and "not able to do any work without endanger [sic] to her health and those around her." Tr. 195. By late 1982, in a letter to an Attorney for the Community Legal Services, Dr. Scott opines that Ferguson's health was deteriorating. He states that Ferguson has painful and swollen hands which emit a foul odor most of the time due to onychomycosis (chronic fungus infection of both thumbs) and that when attacks are acute she has difficulty holding objects. Dr. Scott also notes that (1) Ferguson experiences shortness of breath, probably due to her hypertensive cardiovascular disease, which is made worse when she sits or rises on a frequent basis; that (2) she cannot lift twenty pounds occasionally or ten pounds frequently without placing an excessive burden on her heart; and that (3) under minor physical or mental stress, Ferguson's heart condition could lead to heart failure. Finally, Dr. Scott reports that other tests and lab reports indicate that Ferguson has mild diabetes, degenerative joint disease, gouty arthritis, some kidney deterioration, and arthritis in her joints that limits her ability to bend, walk, or stand. Tr. 194-95, 213, 215.

In another set of correspondence, Dr. Scott notes that (1) beginning in 1980 Ferguson complained of chest pains and that these pains today are aggravated when she walks or climbs stairs; (2) although the drug persantine gives some relief, "[f]rom a cardiac standpoint she has been advised against over-exertion, which includes prolong [sic] standing, walking, bending, climbing or running;" (3) her arthritis, complicated by gout, has not improved, causing her stiff knees at times, making it difficult for her to walk; (4) although her blood pressure is controlled by hydrodiuril, "medically she has suffered some damaged [sic] to her kidneys, heart and possibly her brain" and (5) she has recently developed a fine tremor in her head, probably resulting from hardening of the arteries due partially to hypertension. Tr. 196.

Two weeks later, Dr. Scott wrote again to add that (1) Ferguson's cardiovascular system had deteriorated; she had developed severe shortness of breath and chest pains on exertion; (2) her fingers remained sore and infected so that it occasionally was very difficult for her to use them; and (3) in spite of adequate medication, her health had further deteriorated. Tr. 199.

By 1983, Ferguson's situation had worsened. She testified before the Administrative Law Judge that she experiences migraine headaches at least three times a week, has difficulty walking more than fifteen minutes, or sitting for more than six minutes, and experiences dizzy spells. Tr. 86, 88-89. She suffers chest pains twice a day that are temporarily relieved by nitroglycerin. She also experiences pain in her legs, back, and hips, for which she takes clinoril and valium. Tr. 88-98, 107-08. She also claims that she cannot lift a ten-pound bag due to the pain in her back and chest. Tr. 105.

Ferguson's normal routine is to arise at 7:30 a.m., make breakfast and sit "as long as I can," then lie in bed from 10:00 a.m. to 2:00 p.m., and from 3:00 p.m. to 5:00 p.m. Tr. 108-09. She is able to make her own bed, get dressed (though she experiences some difficulty with the latter task due to pain in her hands), wash the dishes, dust, machine launder, and attend short church services. Tr. 115. She testifies that she cannot drive, vacuum or shop for groceries alone. Tr. 108-113.

Of primary importance, Ferguson states that she will never be able to return to any of her jobs because (1) as a salad maker, pain in her legs and hips creates an inability to stand or bend; (2) as a machine operator, she cannot sit for the requisite amount of time; and (3) as a domestic helper, she cannot bend, stand very long, or push a vacuum sweeper. Tr. 122-24.

II. Decision of the Secretary

After considering the medical evidence and Ferguson's testimony, ³ the Administrative Law Judge (ALJ) determined that Ferguson did not have a "severe" impairment or combination of impairments that significantly limit her ability to do basic work activities. This conclusion was based on findings; to wit, that Ferguson's hypertension has not resulted in end-organ damage and is controlled adequately by medication; that objective evidence regarding her complaints of chest pain and shortness of breath is limited to "non-specific EKG findings," and that her testimony that she cannot lift ten pounds is against the weight of the medical evidence. He also determined that there is no evidence of a symptomatic kidney problem, no clinical explanation for the complaints of headaches, and no reason to believe Ferguson's onychomycosis is vocationally significant. The ALJ believed that the objective evidence regarding any pain Ferguson feels she might have in her joints indicates only mild arthritis, and that her complaints of anxiety neurosis and of poor vision cannot be considered severe since she has not taken steps to see a psychiatrist or an optometrist.

The ALJ also found Ferguson's subjective testimony regarding her pain and shortness of breath lacking in credibility: "In view of the objective medical evidence and the claimant's appearance and demeanor, the undersigned does not believe that the claimant experiences pain or shortness of breath of such frequency, severity and duration as to significantly interfere with her ability to do work." Tr. 18.

Finally, the ALJ refused to give weight to Dr. Scott's conclusion that Ferguson is disabled, finding it not supported by the objective medical findings: "[t]hey [Dr. Scott's conclusions] are too speculative to support a finding of disability." Tr. 18.

Thus, Ferguson's application for Supplemental Security Income Benefits was denied. The Appeals Council adopted the recommendation of the ALJ. Tr. 5-6.

III. The District Court Opinion

Ferguson argued before the district court that the ALJ failed to give...