Lofton v. Schweiker, 81-4134
| Decision Date | 10 August 1981 |
| Docket Number | No. 81-4134,81-4134 |
| Citation | 653 F.2d 215 |
| Parties | Willie E. LOFTON, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee. Summary Calendar. . Unit A |
| Court | U.S. Court of Appeals — Fifth Circuit |
Laurel G. Weir, Philadelphia, Miss., for plaintiff-appellant.
George Phillips, U. S. Atty., L. A. Smith, III, Asst. U. S. Atty., Jackson, Miss., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Mississippi.
Before GEE, RUBIN and RANDALL, Circuit Judges.
Willie E. Lofton brings this appeal from a decision of the district court affirming a decision of the Secretary of Health and Human Services which denied his claim for Social Security disability benefits and Supplemental Security Income. Finding that the record in this case supports the decision of the Secretary, we affirm.
In April, 1979, Lofton, a 48 year-old high school graduate who had previously been employed as a construction laborer and heavy equipment operator, filed applications for Supplemental Security Income and disability benefits. Lofton alleged that he was disabled due to a broken ankle, heart problems, liver disease, emphysema, high blood pressure and alcoholism. Lofton's applications were denied initially and upon reconsideration. Lofton requested and received a hearing on his claim before an administrative law judge. At this hearing, Lofton was represented by counsel. After considering the record, which consisted of Lofton's testimony and a number of medical reports, the administrative law judge found that Lofton had a "(h)istory of alcoholism, (controllable with Antabuse); recent onset hypertension without indication of end-organ damage, post status ankle injury with healing calcaneal fracture." The judge concluded however, that "neither singly nor in combination (do) claimant's impairments significantly affect his ability to perform work-related functions;" therefore, the judge concluded that Lofton was not disabled.
On appeal to this court, Lofton urges that the administrative law judge, in determining that Lofton was not disabled, made an erroneous finding that Lofton could return to his relevant past employment which was not supported by substantial evidence and thus, that we should reverse the decision of the Secretary. We think this argument misreads the opinion of the administrative law judge. In this case, the administrative law judge made no specific finding about Lofton's ability to return to his relevant past employment. The judge concluded only that Lofton had no severe mental or physical impairment which hindered his ability to perform basic work-related activities. Under the applicable regulations of the Secretary, such a finding is sufficient to support a denial of Social Security disability benefits even though no specific inquiry is made concerning a claimant's ability to perform his past relevant work.
The Secretary's regulations governing determinations of disability within the meaning of the Social Security Act set forth a specific sequential process of evaluation to be employed in assessing disability claims. The regulations provide that "in determining whether an individual is disabled, a sequential evaluation process shall be followed whereby current work activity, severity of the impairment(s), and vocational factors are assessed in that order." 20 C.F.R. § 404.1503(a) (1980). Specifically, the regulations provide that in making a determination of disability or no disability, the first inquiry shall be whether the individual is currently engaged in substantial gainful activity. If the individual is not currently engaged in substantial gainful activity, the inquiry then focuses on the question whether the individual has any "severe impairment." If a finding is made that the claimant does not have any severe impairment, i. e., one "which significantly limits his or her physical or mental capacity to perform basic work-related functions," the regulations direct that "a finding shall be made that he or she does not have a severe impairment and therefore is not under a disability without consideration of the vocational factors " 20 C.F.R. § 404.1503(c) (1980) (emphasis added). See Anderson v. Schweiker, 651 F.2d 306 (5th Cir. 1981).
Thus, although our usual focus in reviewing Social Security disability determinations is on the questions whether the claimant carried the burden of showing that he or she could no longer perform his or her customary work and if so whether the Secretary carried the rebuttal burden of showing that there was, nevertheless, work available in the national economy which the claimant could perform, Wilkinson v. Schweiker, 640 F.2d 743, 744 (5th Cir. 1981); Western v. Harris, 633 F.2d 1204, 1207 (5th Cir. 1981); Fortenberry v. Harris, 612 F.2d 947, 949 (5th Cir. 1980), the regulations expressly provide that in some instances a...
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Smith v. Heckler
...of the administrative process." However, the Magistrate's recommendation refers to the contention by the Secretary in Lofton v. Schweiker, 653 F.2d 215 (5th Cir.1981) that in most cases of non-severe impairment it was just as easy to apply the vocational evaluation guides (i.e. Appendix 2 o......
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Moody v. Heckler, 84-2320.
...can operate as efficiently as the "severity step" in cases involving an impairment which is not severe. See Lofton v. Schweiker, 653 F.2d 215, 217-18, n. 1 (5th Cir.1981), cert. denied 454 U.S. 1089, 102 S.Ct. 651, 70 L.Ed.2d 626. The Secretary also will be able to make disability determina......
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Hundrieser v. Heckler, 83 C 4360.
...Schweiker, 81-1139, supra (January 10, 1983) (order); Chapman v. Schweiker, 81-1025, supra (January 10, 1983) (order). In Lofton v. Schweiker, 653 F.2d 215 (5th Cir.), cert. denied, 454 U.S. 1089, 102 S.Ct. 651, 70 L.Ed.2d 626 (1981) and Wallschlaeger v. Schweiker, 705 F.2d 191 (7th Cir. 19......
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McKenzie v. Heckler
...and the statute itself — 42 U.S.C. § 423(d)(2)(A) again — defines `severe' in just that practical way." See also Lofton v. Schweiker, 653 F.2d 215 (5th Cir.), cert. denied, 454 U.S. 1089, 102 S.Ct. 651, 70 L.Ed.2d 626 (1981) (validity assumed); Goodermote v. Secretary of Health and Human Se......