Moon v. Celebrezze, 14682.

• Decision Date: 29 January 1965
• Docket Number: No. 14682.,14682.
• Citation: 340 F.2d 926
• Parties: Charlie J. MOON, Plaintiff-Appellee, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellant.
• Court: U.S. Court of Appeals — Seventh Circuit

340 F.2d 926 (1965)

Charlie J. MOON, Plaintiff-Appellee, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellant.

No. 14682.

United States Court of Appeals Seventh Circuit.

January 29, 1965.

Sherman L. Cohn, Harvey Zuckman, Dept. of Justice, Washington, D. C., Edward R. Phelps, U. S. Atty., Springfield, Ill., for appellant.

Theodore E. Diaz, Armbruster & Diaz, Thomas & Mottaz, Alton, Ill., for plaintiff-appellee.

Before CASTLE, KILEY and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This is an appeal from a district court order which set aside an administrative decision by the Secretary of Health, Education and Welfare denying plaintiff Charlie J. Moon disability benefits under the Social Security Act. Plaintiff brought the instant action pursuant to section 205(g) of the act, 42 U.S.C. § 405 (g) as amended.

The question presented both to the district court and to us is whether there was substantial evidence in the administrative record to support the decision of the Secretary. The Secretary held that plaintiff had suffered no impairments of such severity and irremediability as would preclude him from engaging in any substantial gainful activity. We are of the opinion that the district court erred in concluding that the record does not support the Secretary's decision.

To be entitled to disability benefits under sections 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 416(i), 423, an applicant must show 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 be of long-continued and indefinite duration. Degner v. Celebrezze, 317 F.2d 819 (7th Cir. 1963). The question is whether plaintiff met this requirement. The day on which he applied for benefits, October 20, 1959, was the critical date because the statute requires that the claimant be suffering from the disability at the time of application.

The evidence submitted to the Secretary included the following factual information and testimony. Moon, a resident of Alton, Illinois, was fifty years old at the time he applied for disability benefits. For eight preceding years he had worked as a pipefitter and insulator for Western Cartridge Company. In his application, Moon stated that his impairment was bursitis in the knees and back and that he became unable to work in April, 1959. Plaintiff testified before the hearing examiner that from June, 1958 until April, 1959 he was not really able to work but continued on his job; that since quitting his job he has had constant pain on motion in both knees and back; and that he cannot stand and sometimes falls because his legs are weak.

A number of medical reports were submitted to the examiner; and plaintiff's personal physician, Dr. Louis H. Hayes, testified at the hearing. Dr. Hayes said that, in addition to having chronic arthritis of the lumbar spine, bursitis, and arthritis of both knees, his patient suffered from a mental condition in the form of a delusion of persecution with neurotic tendencies. The latter condition was first noted by Dr. Hayes in 1961. Other medical evidence indicated that plaintiff has had a continuing orthopedic condition affecting the spine and knees, together with a bursitis and synovitis of the knees. No objective pathological findings were made about the condition of his ankles despite plaintiff's subjective complaint. X-rays showed a minimal arthritic change in the knee indicating a mild osteoarthritis and also a minimal arthritis of the spine. One doctor said that plaintiff could do very little walking or standing and that he had limitation of motion of knees, hips, and back. Other doctors disagreed with the diagnosis, one saying that plaintiff had no orthopedic disability and another that plaintiff was an "invalid by choice" and that the plaintiff's limp, caused by a shortened leg, could be remedied by a shoe lift. This doctor concluded that plaintiff is "extremely disabled from disuse." The bursitis condition of the knees was treated by plaintiff's physicians by ingestion and injection of certain drugs in late 1958 and early 1959. A medical examination in March, 1960, however, showed no evidence of swelling or disabling irregularities about the knee joints. The psychiatrist examined plaintiff in April, 1960. His diagnosis was psychoneurosis. He said that plaintiff was "very hypochondriacal and circumstantial with a tendency to over-evaluate much of his physical findings, especially in regard to his lower extremities."

Plaintiff's superintendent at Western Cartridge said Moon was a good worker and was forced to quit work because of his physical condition. Other lay testimony indicated that a neighbor helped him with some chores around the house, heard him complain about not being able to work, and noticed that he limps and has difficulty walking.

Plaintiff testified that in September, 1960 an insurance company paid him $5,000 on a policy because of disability; that he cannot walk a block; that he does no work about the house; and that he is very unhappy because he has worked all his life and thinks he is slipping physically.

Two doctors recommended both physical and psychological rehabilitation. Plaintiff testified that the Illinois Vocational Rehabilitation office told him that he could not be rehabilitated. No evidence, however, was...