Haywood v. Sullivan

• Citation: 888 F.2d 1463
• Decision Date: 16 October 1989
• Docket Number: No. 89-4251,89-4251
• Parties: , Unempl.Ins.Rep. CCH 15106A Louise HAYWOOD, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health & Human Services, Defendant-Appellee. Summary Calendar.
• Court: United States Courts of Appeals. United States Court of Appeals (5th Circuit)

Page 1463

888 F.2d 1463

27 Soc.Sec.Rep.Ser. 524, Unempl.Ins.Rep. CCH 15106A

Louise HAYWOOD, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health & Human

Services, Defendant-Appellee.

No. 89-4251

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 16, 1989.

Lonnie Ray Smith, Southwest Louisiana Legal Services, Dianne M. Mayo, Lake Charles, La., for plaintiff-appellant.

Marguerite Lokey, John Gough, Chief Counsel, Office of Regional Counsel, HHS, Dallas, Tex., for defendant-appellee.

Appeal from the United States District Court for the Western District of Louisiana.

Before REAVLEY, KING and JOHNSON, Circuit Judges.

PER CURIAM:

Plaintiff-appellant Haywood appeals from the district court's order granting the Secretary's motion for summary judgment affirming the determination that the plaintiff-appellant is not entitled to supplemental security income or disability benefits. Our review of the record demonstrates that the Secretary committed no error in failing to obtain an updated opinion from a medical advisor following the introduction of new evidence post-hearing or in not making more explicit credibility findings. In addition, we hold that the new evidence the plaintiff-appellant seeks to introduce, concerning her mental impairments, does not meet the 42 U.S.C. Sec. 405(g) standards for remand. Therefore, we affirm, and deny the plaintiff-appellant's motion to admit new evidence.

I. FACTS AND PROCEDURAL BACKGROUND

Plaintiff-appellant Louise Haywood ("Haywood"), born on August 10, 1936, has a sixth grade education. She has worked as a kitchen aide and as a launderer. In her most recent job, from 1983 till 1986, she worked as a "shirt presser" for a dry cleaner. Haywood's work involved placing shirts in washing and drying machines and removing and pressing them. This work routinely involved lifting 20 to 25 pounds, standing for relatively long periods of time, and lifting her arms frequently.

Until May 1, 1986, Haywood worked full-time. For the month of May 1986, allegedly because of an increase in chest pains, Haywood worked only part-time. Thereafter, she quit work, claiming that chest pains rendered her unable to continue.

In June 1986, Haywood applied for disability benefits and supplementary security income ("SSI"). She listed "heart condition" as the basis of her disability. Haywood was denied such benefits on July 31, 1986. After reconsideration, in November 1986, benefits were again denied. Haywood then requested and received a de novo administrative hearing.

Medical records before the administrative law judge ("ALJ") show that since at least 1981, Haywood has frequently gone to hospitals complaining of "chest pains." She has also taken medication for such pains for a number of years. A brief summary of much of the medical record before the ALJ follows. ¹

On October 20, 1982, Haywood was admitted to the Walker Olin Moss Regional Hospital because of chest pains. After admission, her chest pains ceased and, ultimately, after a number of tests, a doctor in the hospital's cardiology clinic concluded that she did not suffer--as previously thought--from atypical angina. He recommended that she discontinue heart medication and be treated for anxiety. All cardiac medication was stopped; she did not complain of chest pains and was released.

Haywood was rehospitalized in both March and May of 1986. During her hospitalization in May 1986 her final diagnosis was listed as "unstable angina." However, she was noted to be in "apparent emotional distress" and in several instances the medical records linked her angina to anxiety.

Haywood also underwent two "stress tests" (on February 21, 1985 and June 19, 1986) in relation to her complaints about chest pain. Although she experienced no chest pain during these, the results were inconclusive because she did not continue the required exercise for long enough to permit valid evaluation.

Dr. Young Hee Kang saw Haywood twice in August and at least once in September 1986. Dr. Kang diagnosed her as having unstable angina and anxiety disorder. He continued her heart medication and prescribed medication for her nerves. He further advised her to receive monthly check-ups.

Haywood was again hospitalized because of chest pains at the Louisiana State University Medical Center in May 1987. In June of 1987, she visited the hospital's cardiology clinic. At that time, doctors in the cardiology unit evaluated Haywood as having atypical chest pain secondary to either "GI [gastrointestinal problems] or anxiety."

During her administrative hearing on June 2, 1987, Haywood described her chest pains as "a squeeze" that "cuts" her breath. She noted that the pains were not necessarily related to activity and that she took medication to stop the pain (although it did not always work). She also testified that she suffered from "bad nerves" and experienced periods of depression. Haywood described her condition of nervousness as remaining constant, but noted that she took medication for her nerves on an on-going basis.

A medical witness, Dr. George Anderson, a specialist in cardiovascular diseases, appeared at the administrative hearing at the ALJ's request. He testified that there was no electrocardiac evidence of angina or ichemia (i.e., the heart muscle not receiving enough blood) in the medical records presented (these did not include the May 1987 hospitalization) and found that there was no solid clinical evidence of Haywood suffering cardiovascular problems. Based on the evidence before him, Dr. Anderson testified that he did not believe that Haywood met or had established the equivalence any of the listed disabilities.

At the end of the hearing Haywood requested a psychological review at government expense. The ALJ denied such request. The ALJ noted Haywood's anxiety, but--in passing--said that he did not believe Haywood had an "emotional problem." Subsequent to the hearing, Haywood herself obtained a psychological evaluation from Charles Downing ("Downing"), a psychologist. Downing administered the Millon Clinical Multiaxial Inventory (the "Millon") and interviewed Haywood. He submitted a letter for post-hearing consideration to the ALJ. Downing stated that the Millon showed "generalized anxiety disorder," "dysthymic disorder," and a "borderline personality" with "prominent dependent and passive-aggressive traits." He further stated that the data indicated "severe mental disorder." In Downing's opinion, Haywood was incapable of working. However, in reaching this conclusion, he took physical health and other factors into account, as well as mental health. ²

On August 28, 1987--after considering all of the documents on record, hearing testimony, and all of the arguments presented--the ALJ, on behalf of the Secretary for Health and Human Services (the "Secretary"), found that Haywood has "a medically severe combination of impairments whose combined impact causes significant limitation in her capacity for handling more than 30 pounds, she has a slight restriction of activities of daily living, and slight to moderate difficulties in maintaining social functioning." He found she did not have a disabling heart condition and that her chest pains were "sporadic and mild to moderate" in character. The ALJ ruled that her combined impairments, though severe, did not meet or equal the required impairments for disability and he found her residual functional capacity allowed her to perform her past job as a shirt presser--an unskilled, repetitive light job. Thus, he denied her disability benefits and SSI.

Following the ALJ's decision, Haywood exhausted her administrative remedies and, subsequently, filed this suit against the Secretary in the United States District Court for the Western District of Louisiana. Upon order of the presiding magistrate, both parties filed summary judgment motions and supporting memoranda. The magistrate recommended that the Secretary's motion be granted. Haywood filed objections to his report in a timely manner. Subsequently, the district court adopted the magistrate's recommendations and granted the Secretary's motion for summary judgment.

Haywood timely appealed to this court. She argues that (1) because neither the ALJ nor the Appeals Council submitted her post-hearing mental impairment evidence to a medical advisor, it was not properly evaluated and, hence, the ALJ did not have sufficient facts before him upon which to make an informed decision and (2) remand should be granted because the ALJ failed to make credibility findings. In addition, since the filing of the Haywood's original brief on this matter, new evidence in the form of a report and evaluation by the Lake Charles Mental Health Center ("Lake Charles") has come into existence. She moves to submit this report for our consideration.

II. STANDARD OF REVIEW

In reviewing the Secretary's decision to deny disability insurance benefits and SSI, this court is limited to a determination of whether the Secretary's decision is supported by substantial evidence in the record as a whole, Hollis v. Bowen, 837 F.2d 1378, 1382 (5th Cir.1988); Neal v. Bowen, 829 F.2d 528, 530 (5th Cir.1987) (per curiam), and whether any errors of law were made. Hollis, 837 F.2d at 1382; Neal, 829 F.2d at 530. In applying the "substantial evidence" standard, we scrutinize the record to determine if, in fact, such evidence is present. However, we may not reweigh the evidence, try the issues de novo, or substitute our judgment for that of the Secretary. Abshire v. Bowen, 848 F.2d 638, 640 (5th Cir.1988) (per curiam). Substantial evidence means more than a scintilla, but less than a preponderance and is defined as follows:

[S]uch relevant evidence as a reasonable mind might accept as adequate to support a conclusion. It must do more than create a suspicion of the existence of the fact to be established, but "no substantial evidence" will be found only where there is a "conspicuous absence...