Moore v. Sullivan
| Decision Date | 08 August 1990 |
| Docket Number | No. 89-4948,89-4948 |
| Parties | , Unempl.Ins.Rep. CCH 15818A Arthur K. MOORE, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary, of Health and Human Services, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Terrell D. Fowler, Cox, Cox, Townsley & Fowler, Lake Charles, La., for plaintiff-appellant.
Rodney A. Johnson, Health and Human Services, Karen J. Sharp, Dallas, Tex., Joseph S. Cage, Jr., U.S. Atty., Josette Cassiere, Asst. U.S. Atty., Shreveport, La., for defendant-appellee.
Appeal from the United States District Court for the Western District of Louisiana.
Before JOLLY, HIGGINBOTHAM and JONES, Circuit Judges.
Arthur K. Moore appeals the district court's judgment denying him disability benefits under 42 U.S.C. Sec. 423. Moore argues that the district court erred in holding that there is substantial evidence to support the Secretary's determination that he is not disabled. We affirm.
On March 15, 1987, Moore suffered an apparent heart attack at about the age of fifty-three. He was diagnosed with coronary ischemia and on March 25, he underwent a triple coronary artery bypass operation. The operation was performed by Dr. John DiGiglia, who noted that Moore's "post-operative course was essentially uneventful."
On June 5, 1987, Moore underwent a stress test, administered by Dr. Michael C. Turner, his cardiologist at the time of his surgery, which showed that he had "normal exercise capacity." On August 1, when Moore attempted to return to his job as a welder, however, he experienced chest pains and quit after working only half a day. On August 27, he filed his claim for disability benefits. On October 21, 1987, Moore was examined by Dr. John H. Sabatier at the request of the Social Security Administration. Dr. Sabatier noted that Moore's electrocardiogram was normal, and he experienced "no true angina." Sabatier, however, stated that Moore has "suspected vascular disease involving at least the right upper extremity ..." and was unable to rule out the possibility of a right carotid bruit; additionally, he noted that Moore was suffering from "moderately severe anxiety depressive symptomatology."
On November 3, 1987, Moore was again admitted to the hospital complaining of chest pain and numbness and tingling in his left arm and leg. Dr. H.B. Lovejoy, his family physician, diagnosed him as having a right carotid aneurysm. On November 5, 1987, Dr. Lovejoy concluded from a stress test he performed on Moore that the plaintiff suffered from a slight limitation of his left ventricular function. On November 9 1987, Drs. A.K. Seale and Walter Ledet operated on Moore to remove the aneurysm. Dr. Ledet noted that Moore did "quite well" after the surgery.
On November 22, 1987, Moore went to a hospital emergency room complaining of severe headaches, cervical pain, and numbness and tingling in his left arm and leg. An x-ray revealed "some minimal degenerative disc disease." Dr. Ledet diagnosed him as having a transischemic attack and sought to rule out the possibility of a cervical cord compression. He discharged Moore on November 25, 1987.
On January 5, 1988, Dr. Seale noted that "numerous evaluations" of Moore concerning his complaints of "headaches associated with different types of pain both in the chest, and left arm, and the left leg" had "failed to come up with any significant physical findings." Additionally, extensive x-rays had "failed to show any significant abnormalities." Dr. Seale noted, however, that Dr. Lovejoy "has seen [Moore] regarding his chest pain and has done treadmill EKGs ..." and could be referred to concerning his "myocardial status."
On January 19, 1988, Dr. Lovejoy noted that he had last seen Moore on December 8, 1987, at which time Moore complained of numbness, tingling, and loss of strength in his left hand. An MRI, however, had "failed to reveal any significant abnormality." Lovejoy reviewed the results of Moore's stress test on November 5, 1987, concluding that Moore "likely ... has failure of the left ventricular function and therefore is unable to exercise." He observed further that Moore "still seems to me to be unable to work."
On June 13, 1988, Dr. DiGiglia noted that Moore "should not have any long-term disability from his surgical procedure" but referred questions concerning Moore's "possible disability from his status post-myocardial infarction and generalized hardening of the arteries" to Dr. Michael C. Turner. On June 16, 1988, Lovejoy noted that, like Dr. Seale, he was unable to explain Moore's complaints of numbness and tingling and loss of strength in his left hand and that an MRI had revealed no significant abnormalities in the brain." Lovejoy recommended further evaluation of Moore's ailments, but stated that, in his opinion, Moore was unable to work "because of a combination of problems including his coronary bypass surgery and his undiagnosed left arm and left leg numbness."
On August 12, 1988, Dr. G.R. Morin, a psychiatrist, diagnosed Moore as suffering from a "[d]epressive reaction, mild to moderate." He noted that Moore suffered "no impairment in his ability to relate to others ... no constriction of his interests ... and no deterioration in his personal habits."
At the hearing before the ALJ on July 20, 1988, Moore stated that he was told by his doctors not to lift more than ten pounds. He also indicated that he occasionally went fishing with friends, drove to the store to pick up groceries, and walked outside.
On October 5, 1988, the ALJ concluded that Rules 202.10 and 202.11 of the Appendix 2 of the Secretary's regulations directed a finding that Moore was not disabled. On February 23, 1989, the Appeals Council declined to review the decision of the ALJ.
On March 6, 1989, Moore filed suit against the Secretary in district court. Both parties filed motions for summary judgment and memoranda in support of these motions. On September 29, 1989, a magistrate recommended that the district court hold that Moore was not disabled. On November 22, 1989, the district court adopted the findings and recommendations of the magistrate and entered judgment for the Secretary. Moore timely appealed.
On appeal, Moore argues that the ALJ's decision that he was not disabled is unsupported by substantial evidence. He argues that the medical evidence indicates that he is disabled and, thus, the Secretary failed to prove the contrary.
The Social Security Act defines "disability" as "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) (emphasis added). A physical or mental impairment is "an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques." 42 U.S.C. Sec. 423(d)(3).
Regulations set forth by the Secretary provide that disability claims should be evaluated according to a sequential five-step process. 20 C.F.R. Sec. 404.1520 (1986). Step five of that process is at issue in this case. Under step five, once a claimant has proved he is unable to perform his past work because of a severe impairment, in order to establish disability the Secretary must prove that the claimant is nevertheless able to perform other "substantial gainful work which exists in the national economy." 42 U.S.C. Sec. 423(d)(2)(A); Herron v. Bowen, 788 F.2d 1127, 1131 (5th Cir.1986). This determination requires consideration of the claimant's residual functional capacity, age, education, and past work experience and the application of the Medical-Vocational Guidelines. Section 404.1520(f)(1).
After reviewing the medical evidence in this case, the ALJ concluded that, although Moore suffered a severe impairment resulting from heart disease and degenerative disc disease and was, therefore, unable to return to his work as a welder, he was capable of performing "light work." Pursuant to the Social Security Administration's regulations, the ALJ then applied the Medical-Vocational Guidelines. Under Rules 202.10 and 202.11 of the...
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