Matullo v. Bowen

• Decision Date: 14 November 1990
• Docket Number: No. 90-5510,90-5510
• Parties: , Unempl.Ins.Rep. CCH 15893A Richard MATULLO, Appellant, v. Otis R. BOWEN, Secretary. . Submitted Under Third Circuit Rule 12(6)
• Court: U.S. Court of Appeals — Third Circuit

Page 240

926 F.2d 240

32 Soc.Sec.Rep.Ser. 482, Unempl.Ins.Rep. CCH 15893A

Richard MATULLO, Appellant, v. Otis R. BOWEN, Secretary.

No. 90-5510.

United States Court of Appeals, Third Circuit.

Submitted Under Third Circuit Rule 12(6)

Nov. 14, 1990.

Decided Nov. 26, 1990.

Sheryl Gandel Mazur, West Caldwell, N.J., for appellant.

Michael Chertoff, U.S. Atty., Antony J. Labruna, Jr., Sp. Asst. U.S. Atty., Newark, N.J., for appellee.

Before STAPLETON, HUTCHINSON, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Appellant Richard Matullo is a high school graduate who was born on June 1, 1949, and currently lives with his mother. Matullo first applied for Social Security Disability Insurance benefits on July 23, 1983. ¹ On June 29, 1987, a hearing was held before an Administrative Law Judge (ALJ) who found that appellant was not under a disability at any time through March 31, 1983. That decision became the final decision of the Secretary of Health and Human Services when, on February 16, 1988, the Appeals Council denied appellant's request for review. The district court affirmed, holding that substantial evidence in the record supported the Secretary's decision. Matullo appealed. We affirm.

I.

Appellant testified that he last worked on December 30, 1978, as a corrections officer. This job involved guarding inmates, taking them to and from lock-up and appellant was required to carry a gun. Appellant testified that he resigned from this job because the warden threatened to fire him when he found out that he was on Methadone. This allegation was not documented. Appellant testified that after leaving his job as a corrections officer, he attempted to work pumping gas but was precluded by his reoccurring headaches.

Prior to working as a corrections officer, appellant worked as a boom operator at Bamberger's warehouse from 1967 to 1973, operating a forklift truck to move large rugs. Before working at Bamberger's, appellant was in the National Guard. Appellant testified he was discharged as a result of heroin use.

Appellant has a history of substance abuse. The evidence is conflicting as to when he started using heroin. Appellant testified that he began using heroin at age fourteen but also told Fair Oaks Hospital that he began using one year ago when he was admitted for treatment of addiction on September 28, 1970. Appellant voluntarily entered the Fair Oaks Hospital; there was a note of previous treatment attempt in May or June of 1970 at Mount Carmel Guild as well. Fair Oaks Hospital personnel reported appellant to be quiet and cooperative, answered all questions logically and relevantly, and that there was no evidence of delusional material. On October 15, 1970, Matullo was discharged in an asymptomatic condition, at his own request, with the agreement that he would participate in a drug rehabilitation program. Appellant has been on Methadone maintenance since 1970.

Appellant alleges that he was in a car accident in 1969 or 1970 in which he sustained head trauma. Subsequent to the accident, appellant started having headaches once or twice a week and started treatment with Dr. Della Ferra. Dr. Della Ferra treated the appellant from 1970 to 1978. In a report prepared in 1984, Dr. Della Ferra diagnosed appellant as having lumbo-sacral pain, drug addiction (under care), and as emotionally unstable at times. The doctor also noted that the appellant had mental lapses and psychomotor disturbance.

Since the accident, pharmacy records and the appellant's testimony show extensive use of Valium, Noludar, and Fiorinal prescribed for headaches and insomnia. In 1977, appellant was hospitalized for 14 days for detoxification from prescription Valium and Noludar.

Appellant alleges that he attempted suicide sometime in 1978 after his father died. There is no documentation of this.

On May 8, 1979, appellant was admitted to St. Michael's Medical Center for an overdose of Noludar. He told a psychiatrist that he overdosed trying to get high and that in the past he had taken as many as 25 Noludar and 15 Valium without complications. He did not appear to be delusional or suicidal. Appellant underwent an electroencephalogram ("EEG"), a CT-scan, and a brain scan, all of which were negative.

Dr. D'Aconti treated appellant from 1979 to 1987 monthly for headaches. Dr. D'Aconti reported that they were unable to determine the origin of the headaches without a neurological work-up and that the only basis of his diagnosis was his clinical complaints and a psychological profile. Treatment with Fiorinal provided temporary relief for the appellant's headaches.

Appellant testified that he was in another car accident in 1978 that caused his headaches to become worse. There is no documentation of this accident. Appellant also testified that he was mugged in 1979 and was hit over the head which made his headaches worse.

In August of 1981, appellant was seen at the Newark Health Clinic where he was prescribed Dilantin and Phenobarbital for seizures of which he complained.

In January of 1985, appellant either fell down or was mugged and received stitches. Appellant claims that this injury also caused his headaches to become more severe and frequent. In July of 1985, Matullo was taken by ambulance to Columbus Hospital in Newark, New Jersey. However, Matullo refused treatment and voluntarily walked out. Hospital personnel noted that Matullo had a possible alcoholic withdrawal.

Appellant describes his condition as the following: he was experiencing severe headaches once or twice a week until 1978 when they increased to three or four times a week. He testified that when he has a headache, he stays in a dark room, takes medication, puts cold compresses on his head and does not eat. Appellant testified that he does not like crowds because it seems like everything is closing in on him.

Medical Evaluations

On September 24, 1984, Dr. DiLallo, an internist, examined the appellant and found his headaches to be vascular type and recommended that different medications should be tried to obtain prophylactic relief. The report concluded that the patient would not be precluded from gainful employment at that time.

The first psychological evaluation of the appellant occurred in September of 1984. Dr. Sukhedo found the appellant to have a typical sociopathic personality. Appellant complained of headaches, nerves, and inability to sleep. The doctor found his ability to relate to others was exceptionally good. The patient appeared very relaxed, there was no sense of suspicion, nervousness, anxiety or fearfulness. In his speech, there was no poverty of thought, blocking, or flight of ideas. A slightly anxious effect was displayed, but appellant attempted to cover up his anxiety with smooth mannerisms. His recent memory was excellent and his judgment and abstract thinking were very good. Dr. Sukhedo had the impression that the patient's headaches were a way for the patient to receive prescription drugs to make up his need for more Methadone or heroin.

A second evaluation was performed by Dr. Patrawalla in January of 1985. Dr. Patrawalla found the appellant's thinking process to be evasive, his intelligence average, and that he seemed to be trying to "make this interview sick enough to get the benefits." Appellant's recent memory was impaired and he made multiple mistakes on both serial subtraction and on the repeating the digits test. The doctor found appellant did not suffer from suicidal thoughts, agitation, psychomotor disturbance, or hallucinations. Appellant stated that he cooked his meals, cleaned the house, and visited with friends. Dr. Patrawalla recommended that he be referred to vocational rehabilitation to be trained for some occupation.

In September of 1985, Dr. Friedman evaluated the appellant and found him to be mildly retarded. Appellant also showed signs of depression in addition to signs of somatization disorder and of hypocondriasis. He had suicidal ideations, sleep disturbances and a generally dysphoric mood.

Dr. Cruz evaluated the appellant in March of 1986 and diagnosed an anxiety disorder.

In May of 1986, Dr. Sozzi found that appellant was unable to work on a regular basis in a competitive work situation. The doctor found that routine activities of daily living are mostly perserved, but there was a marked functional limitation in the area of attention, concentration, comprehension, persistence, socialization, and stress tolerance. Dr. Sozzi concluded that no significant improvement could be reasonably anticipated in the foreseeable future and that the patient would most likely decompensate under the stress of customary work pressure.

II.

The sole issue on appeal is whether substantial evidence supports the Secretary's decision that appellant was not disabled on or before March 31, 1983. Brown v. Bowen, 845 F.2d 1211, 1213 (3rd Cir.1988). Substantial evidence has been defined as "more than a mere scintilla" and as "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 482 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 216, 83 L.Ed. 126 (1938)).

To be eligible for disability insurance benefits under the Social Security Act, the claimant must demonstrate an "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months." 42 U.S.C. Sec. 423(d)(1)(A). A claimant is considered to be unable to engage in any substantial gainful activity "only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of...