Robinson v. Secretary of Health and Human Services, 637
| Decision Date | 30 April 1984 |
| Docket Number | No. 637,D,637 |
| Citation | 733 F.2d 255 |
| Parties | , Unempl.Ins.Rep. CCH 15,303 Jesse ROBINSON, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. ocket 83-6199. |
| Court | U.S. Court of Appeals — Second Circuit |
Elizabeth M. Imholz, Brooklyn Legal Services Corp. B, Brooklyn, N.Y. (John C. Gray, Jr., Jane Greengold Stevens, Ruben Nazario, Brooklyn, N.Y., of counsel), for plaintiff-appellant.
Kiyo A. Matsumoto, Asst. U.S. Atty., E.D.N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Miles M. Tepper, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendant-appellee.
Before LUMBARD, MESKILL and PRATT, Circuit Judges.
This is an appeal from the Eastern District of New York, Thomas C. Platt, Judge, affirming a decision of the Secretary of Health and Human Services ("Secretary") terminating Disability Insurance and Supplemental Security Income ("SSI") benefits based on a determination that appellant, Jesse Robinson, ceased to be disabled for purposes of eligibility under the Social Security Act as of January 1982.
Robinson was born in Florence, South Carolina on April 3, 1935. He has been employed as a power press operator, a messenger and a truck helper but has not worked since 1972. In 1973, Robinson was found to be disabled under the New York State Plan for Aid to the Permanently and Totally Disabled. Robinson was converted to the SSI program when it began in 1974. In September 1974, he filed for disability insurance. He was found disabled due to arthritis, myocardial infarction, and cirrhosis of the liver. He began receiving benefits retroactive to January 1972, and continued to receive them through March 1982.
In April 1981, the Social Security Administration requested information from Robinson to determine whether he was still entitled to benefits. On November 12, 1981, Dr. Zarday, a consultative physician, examined Robinson and diagnosed hypertension, an enlarged heart, low back syndrome and an "emotional and nervous condition." Robinson was also examined by Dr. Jay Cavanaugh, a consultative psychiatrist, who described Robinson as slightly obese and appearing to be older than his true age. He stated that Robinson exhibited mild anxiety and depressive symptoms and, considering his age and long-standing medical problems, the prognosis was poor. Dr. Cavanaugh concluded that Robinson's "medical problems are sufficient to make him semi-invalided."
On November 12, 1981, Dr. Emmanuel Mendelson performed a radiographic examination of Robinson at the request of the Social Security Administration. He examined Robinson's left shoulder, lumbosacral spine and chest and concluded that the spine was normally aligned but that there was "minimal spur formation about the vertebral bodies" and that there was "slight cardiac enlargement." On January 13, 1982, Dr. A. Slovis, a consultative physician, conducted a treadmill exercise stress examination of Robinson which was terminated after three minutes due to Robinson's fatigue and resulted in a negative finding for ischemic heart disease.
On February 4, 1982, the Social Security Administration informed Robinson of its intention to terminate his disability insurance and SSI benefits because the medical evidence indicated that Robinson became able to do "substantial gainful work" as of January 1982. On February 11, 1982, the Secretary requested additional information to supplement the information compiled pursuant to the April 1981 request. Robinson submitted a medical x-ray report, prepared by his physician, Dr. Alvin J. Tolosa, that indicated severe osteoarthritis of the cervical spine and minimal osteoarthritis in the shoulders and lumbosacral spine.
At Robinson's request, a thirty-minute hearing was held before the Administrative Law Judge ("ALJ") on April 14, 1982. Robinson was not represented by counsel and presented only his own testimony. At the hearing, he testified that he suffers from arthritis that made it difficult to sleep, stoop and bend. He also testified that he suffers from chest pain, dizziness and fatigue, takes nitroglycerine capsules, Motrin, Lasiz, Dalmane and Valium and that he was hospitalized twice for high blood pressure and hemorrhages.
In a decision dated April 30, 1982, the ALJ found that Robinson did not have a medically severe impairment. The ALJ's decision included the findings that (1) Robinson suffers from "arthritis, essential hypertension under control, mild anxiety and depression, slight cardiac enlargement and mild hypertrophic spondylosis," (2) Robinson's condition, based on the medical evidence and his demeanor, is not disabling, and (3) Robinson failed to prove that on or after January 1982 he was suffering from a severe impairment. The ALJ found that because the...
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...represented by counsel at the hearing and the ALJ must ensure that the claimant is aware of this right." Robinson v. Sec'y of Health and Human Servs., 733 F.2d 255, 257 (2d Cir.1984) (quoted in Santana v. Apfel, 44 F.Supp.2d 482, 483 (E.D.N.Y.1999)); see also 42 U.S.C. § 1383(d)(2)(B). To g......
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...and the ALJ must ensure that the claimant is aware of this right.’” Id., quoting Robinson v. Secretary of Health and Human Services , 733 F.2d 255, 257 (2d Cir. 1984). The court noted that while the claimant was notified of her right to a “representative,” she was not told that her “represe......
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...§ 607.1 Robinson v. Massanari , 176 F. Supp.2d 1278, 1281 (S.D. Ala. 2001), § 202.8 Robinson v. Secretary of Health and Human Services, 733 F.2d 255, 257 (2d Cir. 1984), 2d-09, § 502.1 Robinson v. Sullivan , 956 F.2d 836, 839 (8th Cir. 1992), §§ 204.9, 312.9 Robson v. Astrue , 526 F.3d 389 ......
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...562 F.3d 503, 507 (2nd Cir. 2009), cert. denied 130 S. Ct. 1503; 176 L. Ed. 2d 152, quoting Robinson v. Sec’y of Health & Human Servs ., 733 F.2d 255, 257 (2nd Cir. 1984). Waiver must be “knowing and voluntary.” Lamay, at 505. This is the same in the Seventh Circuit, where waiver of counsel......