Hardaway v. Secretary of Health and Human Services
| Decision Date | 27 February 1987 |
| Docket Number | No. 86-1196.,86-1196. |
| Citation | 823 F.2d 922 |
| Parties | Benjamin HARDAWAY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Janet B. Johnson-Vinion, argued, Asst. Regional Counsel, Dept. of H & H S, Chicago, Ill., for defendant-appellee.
Rosemary E. Jabbour, argued, Kelman, Loria, Downing, Schneider & Simpson, Detroit, Mich., for plaintiff-appellant.
Before: ENGEL and JONES, Circuit Judges, and ALLEN, Chief District Judge.*
Claimant Benjamin Hardaway appeals the district court's judgment affirming the Secretary's decision denying disability benefits. We affirm.
Hardaway filed an application for disability insurance benefits on December 14, 1979, alleging that he had become unable to work on July 17, 1979, at age 51, due to bronchial asthma, emphysema and angina. This application was denied initially and on reconsideration. Hardaway filed a timely request for a hearing, and one was held on June 9, 1981. On November 25, 1981, the Administrative Law Judge ("ALJ") ruled that Hardaway was not disabled. The ALJ's decision became the final decision of the Secretary when it was affirmed by the Appeals Council on March 8, 1981. Hardaway then sought judicial review of the Secretary's decision in the District Court for the Eastern District of Michigan. The case was referred to a magistrate. On October 29, 1982, the magistrate issued his report and recommendation, in which he found that the Secretary's decision was not supported by substantial evidence. The magistrate recommended that the matter be remanded to the Secretary for further proceedings. The district court accepted the magistrate's recommendation and remanded the case to the Secretary.
On September 19, 1983, a supplemental hearing was held before an ALJ. The ALJ issued his recommended decision on October 20, 1983, finding that Hardaway was not entitled to benefits. The ALJ concluded that Hardaway could perform sedentary work in a relatively pollution-free atmosphere. The tape recording of this hearing was lost, making the compilation of a complete transcript of that proceeding impossible. On July 25, 1984, the Appeals Council remanded the case for another hearing because the tape recording had been lost, and because Hardaway had submitted additional evidence for consideration.
The third hearing was held on November 15, 1984. On December 27, 1984, the ALJ issued his recommended decision, again finding that Hardaway was not entitled to benefits. The ALJ found, inter alia, that Hardaway "has the residual functional capacity to perform the exertional and nonexertional requirements of work except for prolonged walking, prolonged standing, lifting in excess of 20 pounds, exposure to extreme temperature and humidity, and working in the presence of visible atmospheric pollutants." On April 25, 1985, the Appeals Council adopted the recommended decision of the ALJ, and it became the final decision of the Secretary.
On July 18, 1985, the district court entered an order reinstating the proceeding for further action by the court. The parties submitted cross-motions for summary judgment and on January 3, 1986, the district court entered an order affirming the decision of the Secretary.
The salient facts are as follows. Hardaway was born on October 15, 1927. He has an eleventh grade education. He worked as a journeyman electrician for General Motors in Detroit, Michigan, from 1949 to 1979. On June 7, 1979, Hardaway was admitted to Metropolitan Hospital. He was diagnosed as suffering from bronchial asthma and emphysema. Hardaway was discharged 6 days later on June 13, 1979. In the discharge summary, Dr. Cubberly, the attending physician, stated that Hardaway was "off work about a year ago with essentially the same problem as is observed currently." Dr. Cubberly further reported that Hardaway had made no real attempt at desensitization, had not followed up on allergy appointments, and had not had any medical visits in the 6 or 7 months prior to his hospitalization. Dr. Cubberly set July 9, 1979, as a tentative date on which Hardaway could return to work. Dr. Cubberly concluded that Hardaway was suffering from chronic bronchial asthma and chronic obstructive pulmonary disease.
On July 2, 1979, Hardaway received treatment for an asthmatic condition at the Emergency Room of the Metropolitan Hospital. He was diagnosed as having psychogenic hyperventilation and chronic obstructive pulmonary disease. He did not require hospitalization at that time.
On July 16, 1979, Hardaway was admitted to Providence Hospital. The admitting diagnosis was asthma and possible myocardial infarction. Upon admission, Hardaway was experiencing shortness of breath and wheezing. He also had some substernal chest pain. He was treated with drugs and given oxygen. As a result of this treatment, Hardaway's wheezing rapidly improved. He was also given nitroglycerine, which relieved his chest pain. Several cardiac examinations were performed on him during this hospitalization. All of these studies yielded normal results. During this hospitalization, Dr. Payne diagnosed Hardaway as suffering from acute asthmatic bronchitis and possible heart disease. Dr. Payne recommended that Hardaway be treated with a bronchodilator. Hardaway was discharged on July 27, 1979. At the time of discharge, the final diagnosis was acute myocardial infarction, asthma and angina pectoris. Both the asthma and angina pectoris were deemed to have been controlled at this point.
Hardaway was readmitted to Providence Hospital on January 2, 1980, due to an inflamed gall bladder. He underwent an exploratory laparotomy, and an omentectomy and appendectomy were subsequently performed. He was discharged with a good prognosis. During this hospitalization, a chest examination was performed and it showed clear lungs, normal size heart, and the overall evaluation was negative for any active disease.
On January 24, 1980, Hardaway was examined by Dr. Vicencio. A pulmonary function test was performed which indicated marked obstruction to air flow; however, significant improvement was achieved with a bronchodilator, raising respiration to almost normal limits. Dr. Vicencio reported that Hardaway would not be able to perform any job that required strenuous physical exertion, such as excessive walking, standing, climbing or heavy lifting. The doctor also stated that exposure to any respiratory irritants would aggravate Hardaway's pulmonary symptoms.
On February 12, 1980, Hardaway was examined by Dr. Ross who reported that he was suffering from severe asthmatic bronchitis and chest pain of undetermined origin. Dr. Ross opined that Hardaway's chest pain could be related to his pulmonary problem, rather than coronary in origin.
On May 28, 1980, Dr. Payne completed a report for the Michigan Disability Determination Program. He reported that Hardaway had been under his care for asthmatic bronchitis, angina pectoris, and hypertension since August 1979. Dr. Payne stated that Hardaway's hypertension had recently been well controlled. After performing pulmonary function tests, Dr. Payne concluded that Hardaway's respiration was significantly improved after use of a bronchodilator.
On March 31, 1981, Hardaway was examined by Dr. Maddox at the request of the Workers' Compensation Division of General Motors. Results of pulmonary function tests showed significant improvement after use of a bronchodilator; however, Dr. Maddox concluded that Hardaway was totally disabled due to asthma and heart disease.
On May 28, 1981, Hardaway was admitted to Metropolitan Hospital. The admitting diagnosis was chronic obstructive pulmonary disease and right bundle branch block. An examination of his chest showed clear lungs, unremarkable heart, aorta and diaphragm, with a slight degree of pulmonary emphysema. At the time of his discharge on June 2, 1981, the diagnosis was chronic bronchial asthma, chronic obstructive pulmonary disease, hypertension, and obesity. On June 16, 1981, Hardaway was treated at the Metropolitan Hospital Emergency room for an asthma attack. An examination revealed that his vital signs and heart were normal. He did not require hospitalization, but was instructed to continue on his current medication.
On February 21, 1983, pulmonary function studies and blood gas analysis were conducted at the Metropolitan Hospital. The results of the pulmonary function studies showed that respiration improved significantly after use of a bronchodilator.
Hardaway was examined by Dr. Bedia on September 26, 1984. Examination of the lungs indicated fair air flow. A pulmonary function test again showed significant improvement after use of a bronchodilator. Examination of the heart showed no problems. Dr. Bedia's diagnosis was bronchial asthma and hypertension. Dr. Bedia concluded that Hardaway's hyperventilation was psychogenic in origin. Dr. Bedia indicated that Hardaway could stand and walk 2 out of 8 hours, sit 6 out of 8 hours, lift 20 pounds occasionally and 10 pounds frequently, and that he should avoid exposure to extreme heat, humidity, dust and fumes.
At the third administrative hearing, Hardaway testified that his daily activities are minimal. He...
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...for the decision. 10. Asking VE to name specific employers that have the alternative occupations identified by the VE. Hardaway v. HHS , 823 F.2d 922, 928 (6th Cir. 1987). 11. Asking VE to identify total number of all jobs in region or nation so that percentage of such jobs which the claima......
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...for the decision. 10. Asking VE to name specific employers that have the alternative occupations identified by the VE. Hardaway v. HHS , 823 F.2d 922, 928 (6th Cir. 1987). 11. Asking VE to identify total number of all jobs in region or nation so that percentage of such jobs which the claima......
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...for the decision. 10. Asking VE to name specific employers that have the alternative occupations identified by the VE. Hardaway v. HHS , 823 F.2d 922, 928 (6th Cir. 1987). 11. Asking VE to identify total number of all jobs in region or nation so that percentage of such jobs which the claima......
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The Hearing
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