Murphy v. Bowen

• Decision Date: 30 January 1987
• Docket Number: No. 86-1040,86-1040
• Citation: 810 F.2d 433
• Parties: , Unempl.Ins.Rep. CCH 17,134 Thias M. MURPHY, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 433

810 F.2d 433

16 Soc.Sec.Rep.Ser. 215, Unempl.Ins.Rep. CCH 17,134

Thias M. MURPHY, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee.

No. 86-1040.

United States Court of Appeals Fourth Circuit.

Argued Oct. 6, 1986.

Decided Jan. 30, 1987.

William J. Davis for appellant.

Paul S. Ceja, Asst. Regional Counsel, Office of the Gen. Counsel, Dept. of Health and Human Services (Beverly Dennis, III, Chief Counsel, Region III, Charlotte Hardnett, Supervisory Asst., Regional Counsel, David A. Faber, U.S. Atty., James M. O'Brien, Asst. U.S. Atty., on brief) for appellee.

Before HALL, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and CLARKE, United States District Judge for the Eastern District of Virginia, sitting by designation.

K.K. HALL, Circuit Judge:

Thias M. Murphy appeals from an order of the district court granting summary judgment on behalf of the Secretary of Health and Human Services in an action challenging the Secretary's denial of social security disability and supplemental security income benefits. The district court held that the Secretary's denial of benefits based upon the determination of an administrative law judge ("ALJ") that Murphy could perform his past relevant work as a grounds keeper was supported by substantial evidence. Because we conclude that the ALJ failed to articulate any justification for his resolution of a clear conflict in the available medical evidence, we reverse and remand for further consideration.

I.

At the time of his hearing before the ALJ, Murphy was forty-two years old. Although records indicate that he has a fourth grade education, it appears that he is functionally illiterate. His most recent work experience was as the head greens keeper at the Tug Valley Country Club in Williamson, West Virginia, where he was employed from January 1, 1978 until April 15, 1983.

Murphy was hospitalized at the Williamson Appalachian Regional Hospital from April 2, 1983, until April 30, 1983, with complaints stemming from a hemorrhoid condition. During his period of hospitalization, he underwent corrective surgery without apparent complications. The final diagnosis of his condition was prolapsed bleeding thrombosed internal and external hemorrhoids.

On September 26, 1983, Murphy applied for disability insurance benefits and supplemental security income benefits pursuant to Title II and Title XVI of the Social Security Act, alleging that he was disabled due to hemorrhoids and a "lack of education." The applications were denied initially and on reconsideration by the Office of Disability Operation of the Social Security Administration, acting upon the recommendation of the West Virginia State Agency. The claims were then subsequently considered de novo by an ALJ before whom Murphy personally appeared represented by counsel.

At the administrative hearing, Murphy testified that despite his surgery, the hemorrhoid condition continued to cause him pain. He also testified that he experienced dizzy spells daily which lasted from two to three hours and that his ability to exert himself was limited by shortness of breath.

Medical evidence was presented to the ALJ which included records of Murphy's hospitalization and the results of an arterial blood gas study performed on December 29, 1983. ¹ The most significant medical evidence with regard to this appeal, however, involved two conflicting psychological evaluations of Murphy performed on October 15, 1983, and April 19, 1984.

The first evaluation was conducted by Thomas E. Andrews, Ph.D., a clinical psychologist. In connection with his study, Doctor Andrews administered three tests: the Wechsler Adult Intelligence Scale ("WAIS"), the Bender-Gestalt, and the Minnesota Multiphasic Personality Inventory ("MMPI"). Doctor Andrews administered the MMPI orally because Murphy was unable to read the test form. In his report, Doctor Andrews stated that Murphy's intelligence quotient ("I.Q.") scores based on the WAIS results were Verbal-71, Performance-75, and Full Scale-71. ² He concluded that although Murphy was "somewhat dull," he was not suffering from any kind of psychotic, neurotic or personality disorder. Andrews further opined that because Murphy suffered only from mild retardation with no sign of psychological impairment, he could carry out routine and repetitive tasks in a mildly competitive work environment on a sustained basis.

The second psychological assessment considered by the ALJ was performed by Stanley A. Rudin, Ph.D., also a clinical psychologist. In performing his evaluation, Doctor Rudin employed a methodology that differed from the approach adopted by Doctor Andrews. In assessing Murphy's I.Q., Rudin used the Revised Wechsler Adult Intelligence Scale test ("WAIS-R"). Rudin reported I.Q. scores on the WAIS-R as Verbal-62, Performance-70, and Full Scale-63. Additionally, Rudin administered a Rorschack test rather than the MMPI. The Rorschack was interpreted as indicating psychotic tendencies, lack of contact with reality, and a strong suggestion of schizophrenia or schizoid personality disorder. In his final evaluation, Doctor Rudin concluded that Murphy was "just plain stupid and incompetent in the matter of making a living on his own." Rudin further opined that Murphy suffered from "chronic brain syndrome, mental retardation and a marked schizoid personality disorder."

In addition to making his own findings, Doctor Rudin's report expressly criticized the methodology employed by Doctor Andrews. Rudin maintained that the I.Q. results obtained from the newer WAIS-R test were more reliable than those revealed by the WAIS used by Doctor Andrews. Rudin further contended that the MMPI test, which Doctor Andrews administered orally, was only 65% effective when used in that manner. He suggested that if the MMPI were to be used at all on a subject unable to read, more reliable results could be achieved by presenting the test on audio tape cassettes.

Finally, the ALJ considered the testimony of Phyllis Shapiro, a vocational expert. Ms. Shapiro testified that an individual of Murphy's age, education, training, and work experience, suffering from a status post-hemorrhoidectomy with some chronic brain syndrome and with an I.Q. score no lower than 71, could perform work as a grounds keeper or gardener in the "light" job category. In response to a hypothetical question posed by Murphy's counsel, which assumed an individual with the same characteristics that formed the basis of her initial opinion but who also suffered from a respiratory problem, dizzy spells and a full scale I.Q. of 63, Ms. Shapiro opined that such a person could do no work.

After weighing the available evidence, the ALJ concluded that Murphy did not suffer from any impairment or combination of impairments listed at 20 C.F.R., Part 404, Subpart P, Appendix 1, which would entitle him to an automatic finding of disability. The ALJ further determined that despite the fact that Murphy possessed a severe impairment arising from his mental retardation, he retained the residual functional capacity to perform his past relevant work as a grounds keeper. The ALJ, therefore, denied Murphy's claim for benefits. The Appeals Council denied review on September 6, 1984, thus making the Secretary's decision final on that date.

Murphy subsequently filed a civil action in district court seeking review of the Secretary's decision pursuant to 42 U.S.C. Sec. 405(g). In response to cross motions for summary judgment, the court noted that while the evidence in this matter was conflicting, Thomas v. Celebreeze, 331 F.2d 541 (4th Cir.1964), placed the resolution of evidentiary conflicts within the province of the Secretary. The district court concluded that the substantial evidence supported the Secretary's findings with regard to Murphy's impairments and his residual functional capacity. Accordingly, the court affirmed the denial of benefits.

This appeal followed.

II.

On appeal, Murphy contends that the ALJ erred by failing to recognize that medical evidence established the presence of two disabling mental impairments as listed in 20 C.F.R. Subpart P, Appendix 1. Specifically, he argues that Doctor Rudin's report demonstrated the existence of section 12.02 chronic brain syndrome and section 12.05(C) mental retardation. ³ In an apparent effort to avoid the reach of Thomas v. Celebreeze, Murphy argues that the medical evaluations of Doctors Andrews and Rudin may have differed but did not conflict....