Lackey v. Celebrezze, 9665.

• Decision Date: 02 July 1965
• Docket Number: No. 9665.,9665.
• Citation: 349 F.2d 76
• Parties: Ishmael LACKEY, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Appellee.
• Court: U.S. Court of Appeals — Fourth Circuit

349 F.2d 76 (1965)

Ishmael LACKEY, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Appellee.

No. 9665.

United States Court of Appeals Fourth Circuit.

Argued April 9, 1965.

Decided July 2, 1965.

Glyn Dial Ellis, Logan, W. Va., for appellant.

Robert C. McDiarmid, Atty., Dept. of Justice, (John W. Douglas, Asst. Atty. Gen., Sherman L. Cohn, Atty., Dept. of Justice, and George D. Beter, Acting U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BOREMAN, Circuit Judges.

SOBELOFF, Circuit Judge:

More than four years ago, on March 28, 1961, Ishmael Lackey, of Dingess, West Virginia, filed his application with the Social Security Administration for a period of disability and disability insurance benefits under sections 216(i) and 223 of the Social Security Act of 1935 (as amended), 42 U.S.C.A. §§ 416(i) and 423 (1964). He complained of inability to work due to high blood pressure, "lung trouble," a "broken left foot," dizziness and poor hearing. The Social Security Administration's Division of Disability Operations recognized that Lackey's health and physical condition were impaired, but did not consider him disabled. Its hearing examiner held that except for claimant's limp there was no evidence of a disability, and therefore denied the application. His decision, which became that of the Secretary, was affirmed by the District Court, and is now before us on appeal. Lackey claims that there is a lack of substantial evidence in the record to support the Secretary's conclusion. For the reasons to be stated, we agree with Lackey's contention.

It is well established that in order to be eligible for benefits, a claimant must show, first, that he suffers from a medically determinable physical or mental impairment, and second, that his impairment in fact causes an inability to engage in any substantial gainful activity. 42 U.S.C.A. §§ 416(i) and 423, Thomas v. Celebrezze, 331 F.2d 541, 545 (4th Cir. 1964). The Secretary's position is that Lackey has failed to prove that he is unable to perform any substantial gainful activity and therefore has not satisfied the second requirement.

In determining whether a claimant has met his burden of proof, or conversely stated, whether there is substantial support in the record for the Secretary's denial of benefits, four interrelated types of proof are to be considered: (1) objective medical facts, (2) expert medical opinion, (3) subjective evidence of pain and disability, and (4) claimant's present age, educational background and work history. Underwood v. Ribicoff, 298 F.2d 850, 851 (4th Cir. 1962).

We turn to the record. Lackey was born on March 17, 1915, and was thus forty-six years old at the time of his application for disability benefits. He had absolutely no formal education and can neither read nor write. He went to work when only fourteen years old, and for the next fourteen years performed odd jobs, including hauling and sawing timber at lumberyards. Then, in 1943, at the age of twenty-eight, Lackey took a job in the coal mines, where he performed various types of manual labor until November, 1959, when he was discharged. Since then he has not worked. Lackey claims that physical inability to perform his duties was the reason for the termination of his employment and that his disability continues.

The claimant complains of constant headaches, shortness of breath, dizziness, and blackouts which cause him to become numb, fall to the ground, and remain there for short periods until he recovers. He testified that he was unable to work: "Because I just ain't able. Ain't got no wind. My chest all down in, smotherin', and heart a hurtin' and takin' blackout spells, and just fallin' down." According to Lackey's testimony his condition required him to stay around the house all day, usually in bed, and he was unable to perform even household chores. His testimony was corroborated by his wife and neighbors, who further told of his constant complaints about his condition.

The claimant sought no medical attention before his discharge in November, 1959, because he feared loss of employment if his employer should discover his ill health. This is his explanation for the failure to produce medical evidence in support of his application. The Social Security Administration, however, referred Lackey to ten doctors for the purpose of evaluating his claim. Their reports, submitted to the examiner, indicated beyond question that Lackey had high blood pressure, pulmonary emphysema, spondylolisthesis, loss of hearing, an amputated right forefinger and an immobilized left ankle. The Secretary does not challenge the existence of any of these infirmities, but questions the severity of several of them, particularly high blood pressure. His position is that neither separately nor in combination are they of sufficient severity to be considered disabling. In reaching this conclusion, the Secretary refused to take into account reports by three of the government-retained doctors who found that Lackey suffers also from heart disease. Two of them specifically found that Lackey's heart was enlarged. However, the Secretary rejected their positive findings because unconfirmed by the reports of three additional doctors who were unable to find objective proof of heart disease. Two of these, nevertheless, did find evidence of hypertension and the third, who failed to find objective evidence of heart disease, based his finding solely on an electrocardiogram taken a year before his diagnosis was made. Even these doctors did not dispute the evidence of hypertension, emphysema and dizziness.

While all of the doctors agreed that Lackey's activities were limited by his several impairments they differed as to the extent of the limitation. One was of the view that because of...