Ross v. Gardner, No. 16383.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtWEICK, , O'SULLIVAN, Circuit , and McALLISTER, Senior Circuit
Citation365 F.2d 554
PartiesWillena ROSS, Plaintiff-Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellee.
Docket NumberNo. 16383.
Decision Date29 July 1966

365 F.2d 554 (1966)

Willena ROSS, Plaintiff-Appellant,
v.
John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellee.

No. 16383.

United States Court of Appeals Sixth Circuit.

July 29, 1966.


365 F.2d 555

William L. Gibson, Louisville, Ky. (Gibson & Gibson, Louisville, Ky., on the brief), for appellant.

William B. Martin, Lexington, Ky. (Boyce F. Martin, Jr., U. S. Atty., John E. Stout, Asst. U. S. Atty., Louisville, Ky., on the brief), for appellee.

Before WEICK, Chief Judge, O'SULLIVAN, Circuit Judge, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

Willena Ross filed her application for disability benefits under the Social Security Act, Title 42 U.S.C.A. § 423. After a hearing, the Hearing Examiner denied appellant any period of disability and disability insurance benefits. On appeal, the Appeals Council refused to review the decision, in effect, affirming the Hearing Examiner. Thereafter, appellant Ross filed an action in the United States District Court against the Secretary of Health, Education and Welfare, pursuant to Section 205(g) of the Social Security Act, as amended, Title 42 U.S. C.A. § 405(g), seeking to have the decision against her reversed and set aside; and that she be granted a period of disability and disability insurance benefits. After a hearing, the District Court affirmed the decision of the Hearing Examiner, and dismissed appellant's complaint on the ground that her impairments were not of a long-continued and indefinite duration, or of the type which rendered her unable to engage in any substantial activity, as set forth under Title 42 U.S.C.A. § 423(c) (2).

Mrs. Ross, the appellant, is fifty-one years of age, and has a sixth grade education. The only jobs she ever held required manual labor, such as waitress, bottlewasher, and binder in a lithographing company. She had a past medical history of some six or seven operations, including vein ligation and stripping procedure on the left, and operations relating to the appendix, tubes, and ovaries.

On October 7, 1961, appellant felt a sudden pain in her left thigh above the knee joint, became nauseated, "blacked out," and had trouble getting her breath. She was taken to the emergency room at the Kentucky Baptist Hospital, by a police ambulance, and was admitted to the hospital. Her condition was diagnosed as acute ileofemoral thrombosis left and pulmonary infarction, chronic

365 F.2d 556
bilateral phlebitis and venous insufficiency. Her attending physician stated that her condition was static; that she was completely disabled from doing her work and he knew of no other work which she could do. He further stated that there was no known hope for the possibility of her recovering completely from her phlebitis which is known to be a chronic and incurable situation

Appellant was examined by other doctors who confirmed the previous diagnosis of phlebitis. She was also examined by another doctor in consultation with the attending physician, who confirmed the diagnosis of phlebitis and suggested continuation of anti-coagulant therapy and wearing elastic stockings for five to six months. He also stated that her activity was restricted from prolonged standing or sitting.

Appellant was also examined by a physician at the request of the Secretary, who likewise confirmed the diagnosis of phlebitis but made no statement concerning her disability.

Under the undisputed evidence in this case, the findings made by the Secretary are not supported by substantial evidence.

In his opinion which was affirmed by the Appeals Council and by the District Court, the Hearing Examiner quoted the following from a medical text, upon which he evidently relied in his finding against Mrs. Ross:

"Venous obstruction by thrombosis may be either a primary, simple, non-inflammatory process (phlebothrombosis) or a secondary reaction to local or distant inflammatory agents with active inflammation of the wall of the the affected vein (thrombophlebitis). * * * The most serious complication of phlebothrombosis or thrombophlebitis is pulmonary embolism which follows dislodgement of a thrombus shortly after it has formed and before organization has fixed it firmly in the vein of origin. In general, the greater the local tenderness and pain in the extremity the less is the danger of embolism, since thrombi usually loose before pronounced inflammatory reaction develops. Large thrombi dislodged from the femoral, iliac or pelvic veins commonly produce fatal pulmonary
...

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41 practice notes
  • Jenkins v. Gardner, No. 18757.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 30, 1970
    ...in this case, that the physician's opinions or conclusions must be supported by adequate objective clinical findings." Ross v. Gardner, 365 F.2d 554 (C.A. 6); Polly v. Gardner, 365 F.2d 969 (C.A. 6); Sayers v. Gardner, 364 380 F.2d 940 (C.A. 6); Marion v. Gardner, 359 F.2d 175 (C.A. 8); Lig......
  • Doe v. Sex Offender Registry Bd., SJC-10086
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • December 12, 2008
    ...the hearing examiner was not qualified to opine as to how Doe's bipolar disorder might bear on his risk of reoffense. See Ross v. Gardner, 365 F.2d 554, 558 (6th Cir.1966) (error for social security hearing examiner to disregard uncontradicted expert medical opinion evidence, undertake scie......
  • Decisions And Orders:
    • United States
    • Federal Register April 07, 2011
    • April 7, 2011
    ...opinion of an expert, it runs the risk of improperly declaring itself as an interpreter of medical knowledge. Ross v. Gardner, 365 F.2d 554 Cir. 1966). While in this case it is ironically true, much like in the Social Security context, that the opinion of a treating physician should be affo......
  • Decisions And Orders:
    • United States
    • Federal Register April 07, 2011
    • April 7, 2011
    ...opinion of an expert, it runs the risk of improperly declaring itself as an interpreter of medical knowledge. Ross v. Gardner, 365 F.2d 554 Cir. 1966). While in this case it is ironically true, much like in the Social Security context, that the opinion of a treating physician should be affo......
  • Request a trial to view additional results
35 cases
  • Jenkins v. Gardner, No. 18757.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 30, 1970
    ...in this case, that the physician's opinions or conclusions must be supported by adequate objective clinical findings." Ross v. Gardner, 365 F.2d 554 (C.A. 6); Polly v. Gardner, 365 F.2d 969 (C.A. 6); Sayers v. Gardner, 364 380 F.2d 940 (C.A. 6); Marion v. Gardner, 359 F.2d 175 (C.A. 8); Lig......
  • Doe v. Sex Offender Registry Bd., SJC-10086
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • December 12, 2008
    ...the hearing examiner was not qualified to opine as to how Doe's bipolar disorder might bear on his risk of reoffense. See Ross v. Gardner, 365 F.2d 554, 558 (6th Cir.1966) (error for social security hearing examiner to disregard uncontradicted expert medical opinion evidence, undertake scie......
  • Murphy v. Gardner, No. 18618.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 14, 1967
    ...In Davidson v. Gardner, 370 F.2d 803, 809 (6th Cir. 1966), the Court quoted approving the following from Ross v. Gardner, Secretary, 365 F.2d 554 (6th Cir. "Pain, unaccompanied by any objectively observable symptoms, may be so real and so intense as to be disabling, and will support a claim......
  • Hawkins v. Heckler, No. 83-1845.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • January 22, 1985
    ...evidence. Berven v. Gardner, 414 F.2d 857 (8th Cir. 1969); Celebrezze v. Warren, 339 F.2d 833 (10th Cir.1964); and Ross v. Gardner, 365 F.2d 554 (6th Cir.1966). Medical evidence contradicting Plaintiff's disability must be substantial. Bastien v. Califano, 572 F.2d 908 (2d Cir.1978); Broadb......
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