Hight v. Shalala
| Decision Date | 03 March 1993 |
| Docket Number | No. 92-2611,92-2611 |
| Citation | 986 F.2d 1242 |
| Parties | , Unempl.Ins.Rep. (CCH) P 17180A Jerry L. HIGHT, Appellant, v. Donna SHALALA, * Secretary of Health and Human Services, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Richard J. Collins, Joplin, MO, argued, for appellant.
Alleen S. Castellani, Kansas City, MO, argued (Jean Paul Bradshaw II and Alleen S. Castellani, on the brief), for appellee.
Before MORRIS SHEPPARD ARNOLD, Circuit Judge, and FLOYD R. GIBSON and REAVLEY, ** Senior Circuit Judges.
Jerry Hight appeals the district court's affirmance of the Secretary's denial of his claim for disability benefits. We reverse and remand for computation of benefits.
At the time of his administrative hearing, Hight was thirty-five years old, was five feet, nine inches tall, and weighed 122 pounds. He had served in the United States Navy from 1973 until 1976, and served a second tour in the Navy from 1984 until 1988. During this latter tour of duty Hight specialized in asbestos removal, particularly from submarines. While in the Navy, Hight suffered a series of back injuries, and the Veterans Administration gave him a 10% permanent partial disability rating due to his back injuries.
In June of 1988, Hight began working for a body shop in Joplin, Missouri. His supervisor described him as an "exceptional worker." However, in the middle of 1989, Hight began to experience chronic shortness of breath that necessitated frequent breaks and caused attendance problems. He also started losing weight rather rapidly--he dropped from 162 pounds to 117 pounds in approximately three months. In April 1989, Hight went to the VA Hospital in Fayetteville, Arkansas because of his weight loss and fatigue. Though he was admitted for testing, the hospital records reflect no diagnosis for Hight's problems; he was prescribed a painkiller to help with his back pain and discharged.
In June, Hight went to the Missouri Rehabilitation Center in Mt. Vernon, where he underwent a pulmonary function test. The test indicated that Hight suffered from a mild airway obstruction, which suggested the presence of a small airway disease. In August, Hight underwent another pulmonary function test at the VA Hospital, which indicated that Hight had a "moderate obstructive ventilatory defect of the peripheral airways." A test performed at the VA Hospital the following month indicated Hight had a "moderate obstructive ventilatory defect of the large airways, with severe obstruction of the peripheral airways." The report also indicated that his condition was "[c]onsiderably worse" than indicated the previous month, but that there had been "[p]ositive response to [a] bronchodilator." X-rays were taken in October, but they were negative. In October of 1989, Hight was forced to quit his job at the body shop because of his inability to work.
In April 1990, Hight became depressed and was admitted to the VA Hospital. A physical examination revealed chronic obstructive pulmonary disease. Later that month, Dr. Tarar, a psychiatrist, diagnosed Hight as suffering from a variety of stress-related disorders and indicated that Hight could not hold employment, but might be a candidate for vocational rehabilitation in the future. In May, Hight was examined by Dr. Adams at St. John's Regional Medical Center. Dr. Adams conducted yet another pulmonary function test and concluded that Hight suffered from an "advanced obstructive ventilatory defect" that showed "minimal but significant improvement following bronchodilator administration." Dr. Adams further opined that Hight suffered from a physical condition that prevented him from performing gainful employment.
At the administrative hearing, Hight testified that he had trouble sleeping at night and often had to sleep sitting in a chair. He experienced difficulty in performing any task without taking frequent rest breaks. He said he could stand for an hour, sit for thirty minutes, and walk no more than one block. He also said the medication he was prescribed for his depression made him drowsy, and that he therefore did not drive a car very often. He occasionally helped his wife around the house, but even doing the dishes was a taxing endeavor. His daily activities consisted primarily of watching television and tending to an aquarium; on occasion, he would drive to the post office and pick up his mail. Hight's wife also testified, and she essentially confirmed Hight's statements.
The only other witness was a vocational expert ("VE"), who was asked by the ALJ to assume that Hight had a back injury and a "breathing impairment," could not work at more than a sedentary...
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