Hall v. Celebrezze, No. 14999.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtMILLER and WEICK, Circuit , and THORNTON
Citation314 F.2d 686
Decision Date11 March 1963
Docket NumberNo. 14999.
PartiesOra P. HALL, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Defendant-Appellee.

314 F.2d 686 (1963)

Ora P. HALL, Plaintiff-Appellant,
v.
Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Defendant-Appellee.

No. 14999.

United States Court of Appeals Sixth Circuit.

March 11, 1963.


Ora F. Duval, Olive Hill, Ky., for appellant.

Alan S. Rosenthal, Dept. of Justice, Washington, D. C., (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Alan S. Rosenthal, John Edward Porter, Attys., Dept. of Justice, Washington, D. C., Bernard T. Moynahan, Jr., U. S. Atty., Lexington, Ky., on the brief), for appellee.

Before MILLER and WEICK, Circuit Judges, and THORNTON, District Judge.

WEICK, Circuit Judge.

This case is here a second time on an appeal from the denial of disability benefits under the Social Security Act. We reversed the judgment in the first appeal and remanded to the Secretary of Health,

314 F.2d 687
Education and Welfare in order that further evidence be taken and findings made on the issues of what appellant can do and what employment opportunities are available for a person in his condition. Hall v. Flemming, 6 Cir., 289 F. 2d 290

No oral testimony was taken on the remand. Instead, the Appeals Council received in evidence a statement of the claimant, additional medical reports, clinical summaries of his hospitalization, and letters from his employer and lay persons. The Appeals Council also procured a booklet issued by the Department of Labor entitled "Estimates of Worker Trait Requirements for 4000 Jobs as defined in the Dictionary of Occupational Titles." The appellee's appendix contained the evidence and exhibits offered at the original hearing.

In a single spaced typewritten opinion consisting of twenty-two pages, the Appeals Council considered all of the evidence and ruled that appellant could engage in some form of substantial gainful activity and employment opportunities were available for a person in his condition and again denied his claim for benefits. The District Court affirmed.

On consideration of the record as a whole, we are of the opinion, for the reasons hereinafter stated, that these findings are not supported by substantial evidence and cannot stand. Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456; National Labor Relations Board v. Walton Mfg. Co., 369 U.S. 404, 405, 82 S.Ct. 853, 7 L.Ed.2d 829.

At the time of his disability in 1956, Mr. Hall was 53 years old. He had an education in which he reached the eighth grade. He had been employed by the Lee Clay Products Company of Clearfield, Kentucky for nearly thirty years making patterns for sewer pipe fittings and also molds out of plaster. He also did some carpenter work. Prior to this employment he had performed labor in a lumber yard and on a railroad. His employer described him as "one of our most valued employees" and as a "good hard worker."

He had a history of kidney trouble, but in later years this condition grew worse. He had a severe kidney attack in 1953 and another one in 1954 when he was unable to work for about a month.

His condition was diagnosed by his physician, Dr. Douglas E. Scott, who was a urologist, as hydronephrosis1 of both kidneys and arthritis in the upper lumbar spine. In April 1955 he had an operation on the right kidney and the following September another operation on the left kidney. These operations were described as right and left pelvioplasty and the purpose was to arrest the hydronephrosis. In December 1955 Hall was in the hospital again for the removal of a right kidney stone. Dr. Scott, who performed all three operations, reported to the Secretary on June 20, 1957 that although the progress of the condition appears to have been arrested, the "X-rays showed very extensive left hydronephrosis with impaired renal function. Moderate right hydronephrosis with fairly good renal function." Dr. Scott stated that "I believe patient unable to do the work for which he is qualified." Mr. Hall was in the hospital fifty-eight days. He visited Dr. Scott at his office twenty-one times up to the date of the report.

Following the operations, Mr. Hall returned to work and his employer gave him lighter work, but he was unable to perform it. He suffered Hematuria and quit working on December 14, 1956 and has not worked since that time. Dr. Scott made another report to the Secretary on January 26, 1958. Under subjective symptoms he stated "Pain in both kidney areas on exertion. Hematuria (gross) noted on exertion." Under objective symptoms he noted that the left kidney was severely damaged. The right kidney was slightly damaged. He stated further: "With effort that is more than short walks patient gets back pain and

314 F.2d 688
has had gross hematuria with attempts at more strenuous effort." Under the topic of remarks Dr. Scott stated: "Because of this man's kidney situation and in addition his arthritic symptoms (shoulders, cervical, dorsal & upper lumbar spine) I consider him incapable of physical work. He has no training for any sedentary occupation." He stated that "I have advised that he undertake no physical work." In his report dated April 19, 1958, Dr. Scott stated that "hydronephrotic kidneys of this degree are subject to injury under conditions of manual labor" and that he had advised Mr. Hall not to undertake such work. He further said that it was not "unreasonable to consider him totally incapacitated."

Hall's attending physician, Dr. E. W. Blair, in a report dated June 18, 1957, diagnosed his condition as pyelonephritis (inflammation of the kidney and its pelvis) and nephrolithiasis (a condition marked by the presence of renal calculi). Dr. Blair also advised Hall not to work. In his report dated May 10, 1958, Dr. Blair stated: "I am positive that Mr. Hall is 100% disabled for work of any kind and I heartily recommend that he be given social security." On May 5, 1959, Dr. Blair was of the...

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128 practice notes
  • Loza v. Apfel, No. 98-50892
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 13, 2000
    ...in the absence of proof to the contrary that the condition has remained unchanged." Rivas, 475 F.2d at 258 (citing Hall v. Celebrezze, 314 F.2d 686, 688 (6th Cir. 1963)); Byerly v. Heckler, 744 F.2d 1143, 1144 (5th Cir. 1984); Taylor v. Heckler, 742 F.2d 253, 254 (5th Cir. 1984); Richardson......
  • Jenkins v. Gardner, No. 18757.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 30, 1970
    ...within reasonable proximity to the applicant's place of residence. Massey v. Celebrezze, 345 F.2d 146 (6th Cir. 1965); Hall v. Celebrezze, 314 F.2d 686 (6th Cir. 1963); May v. Gardner, 362 F.2d 616 (6th Cir. 1966). Whatever the present applicability of such rule, the Secretary's burden was ......
  • Bull v. Commissioner of Social Sec., No. 1:07-CV-00031.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • May 29, 2008
    ...While the Commissioner may have expertise in some matters, this expertise cannot supplant the medical expert. Hall v. Celebrezze, 314 F.2d 686, 690 (6th Cir.1963); Lachey v. Secretary of H.H.S., 508 F.Supp. 726, 730 (S.D.Ohio It is the Commissioner's function to resolve conflicts in the med......
  • Fields v. Harris, Civ. A. No. C79-193R.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • September 5, 1980
    ...as indication of the severity of the claimant's impairments. Atkins v. Califano, 446 F.Supp. 1017 (N.D.Ill. 1978); Hall v. Celebrezze, 314 F.2d 686 (6th Cir. 1963). In the Fourth Circuit, these conclusions are given "great weight" as reflections of "an expert judgment based on a continuing ......
  • Request a trial to view additional results
123 cases
  • Loza v. Apfel, No. 98-50892
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 13, 2000
    ...in the absence of proof to the contrary that the condition has remained unchanged." Rivas, 475 F.2d at 258 (citing Hall v. Celebrezze, 314 F.2d 686, 688 (6th Cir. 1963)); Byerly v. Heckler, 744 F.2d 1143, 1144 (5th Cir. 1984); Taylor v. Heckler, 742 F.2d 253, 254 (5th Cir. 1984); Richardson......
  • Jenkins v. Gardner, No. 18757.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 30, 1970
    ...within reasonable proximity to the applicant's place of residence. Massey v. Celebrezze, 345 F.2d 146 (6th Cir. 1965); Hall v. Celebrezze, 314 F.2d 686 (6th Cir. 1963); May v. Gardner, 362 F.2d 616 (6th Cir. 1966). Whatever the present applicability of such rule, the Secretary's burden was ......
  • Bull v. Commissioner of Social Sec., No. 1:07-CV-00031.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • May 29, 2008
    ...While the Commissioner may have expertise in some matters, this expertise cannot supplant the medical expert. Hall v. Celebrezze, 314 F.2d 686, 690 (6th Cir.1963); Lachey v. Secretary of H.H.S., 508 F.Supp. 726, 730 (S.D.Ohio It is the Commissioner's function to resolve conflicts in the med......
  • Fields v. Harris, Civ. A. No. C79-193R.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • September 5, 1980
    ...as indication of the severity of the claimant's impairments. Atkins v. Califano, 446 F.Supp. 1017 (N.D.Ill. 1978); Hall v. Celebrezze, 314 F.2d 686 (6th Cir. 1963). In the Fourth Circuit, these conclusions are given "great weight" as reflections of "an expert judgment based on a continuing ......
  • Request a trial to view additional results

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