Newsome v. Secretary of Health and Human Services, 84-5104
| Decision Date | 21 January 1985 |
| Docket Number | No. 84-5104,84-5104 |
| Citation | 753 F.2d 44 |
| Parties | , Unempl.Ins.Rep. CCH 15,785 Donald G. NEWSOME, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Steve Blanton, Appalachian Research and Defense Fund of Kentucky, Pikeville, Ky., for plaintiff-appellant.
Louis DeFalaise, U.S. Atty., Karl L. Anderson, Asst. U.S. Atty., Lexington, Ky., for defendant-appellee.
Before MARTIN, JONES and CONTIE, Circuit Judges.
Donald Newsome, a thirty-nine-year-old former coal miner, seeks review of the district court's opinion which upheld the final decision of the Secretary denying his claim for social security disability benefits. The Appeals Council reversed the administrative law judge's decision that Newsome is entitled to benefits. We reverse.
Newsome has not worked since September 1980. He worked thirteen years as an underground coal miner, spent two years in the United States Army in a maintenance unit, and worked three years as a manual laborer in a factory. In July 1979, Newsome was injured in a mine accident as he was crossing a belt line. As a result of the injury to his back and knee, Newsome was out of work for three weeks. Although he thought he could recover from the injury, Newsome eventually had surgery on his right knee in October 1981.
The record indicates that Newsome has an eighth-grade education. He is unable to return to his past relevant work as a coal miner. His work experience is unskilled and heavy in exertional requirements. He lacks skills acquired in other jobs that are transferable to new jobs.
The evidence submitted to the administrative law judge indicated that Newsome suffers from the following medical impairments: pneumoconiosis with moderate chronic obstructive airway disease; degenerative joint disease of knee and hip; status post injury and surgery on the lateral meniscus of the right knee; status post thigh muscle contusion with chronic strain conditions; degenerative changes of the low back with question of herniated disc or disc syndrome; chronic anxiety disorder; obesity; hypertriglyceridemia; and borderline hyperuricemia. These impairments were medically diagnosed through x-rays blood tests, breathing tests, and repeated examinations by Newsome's three treating physicians. All three physicians opined that Newsome is totally disabled and unable to work. Additionally, the administrative law judge concluded that Newsome's testimony regarding his symptoms and restrictions on his daily activities was convincing and supported by the medical evidence. Based on the medical evidence and Newsome's testimony, the administrative law judge concluded that the combined effects of all of Newsome's impairments render him unable to perform any kind of substantial gainful employment. In particular, the judge concluded that Newsome could not perform the walking, sitting, and concentrating which are necessary to performance of a full range of sedentary work. Because of these restrictions, the administrative law judge found that Newsome is disabled.
The Appeals Council reviewed the decision of the administrative law judge on its own motion, pursuant to 20 C.F.R. Secs. 404.969 and 404.970, and reversed. The Appeals Council's decision was based in large part on the consultative examinations of Dr. Joseph Rapier, an orthopedic surgeon. Dr. Rapier opined that, although Newsome suffered from narrowing of the L3-4 disc space, anterior spurring at L3-4, and degenerative changes in the joints of the lumbar spine, he is capable of moderate type work that would not put a lot of strain on his lower back. Additionally, the Appeals Council found that Newsome suffered from numerous impairments but none of them rendered him unable to work. The Appeals Council concluded that Newsome retains the residual functional capacity to perform light or sedentary work.
Initially, we note that the Appeals Council does not have unbridled discretion to reverse the determinations made by the administrative law judge. Section 404.970(a) of 20 C.F.R. states:
(a) The Appeals Council will review a case if--
(1) There appears to be an abuse of discretion by the administrative law judge;
(2) There is an error of law;
(3) The action, findings or conclusions of the...
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...authority to review the ALJ's decision, either on its own motion or at the request of a claimant. See Newsome v. Secretary of Health and Human Services, 753 F.2d 44, 46 (6th Cir.1984); Parris v. Heckler, 733 F.2d 324, 325 (4th One year after the Bellmon Program was instituted, 12,000 favora......
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