Sharrah v. Secretary of Health and Human Services
| Decision Date | 31 October 1984 |
| Docket Number | No. 84-1172,84-1172 |
| Citation | 747 F.2d 457 |
| Parties | Roy L. SHARRAH, Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, United States of America, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Troy R. Douglas, Fort Smith, Ark., for appellant.
W. Asa Hutchinson, U.S. Atty., Mark W. Webb, Asst. U.S. Atty., Fort Smith, Ark., Frank V. Smith, III, Regional Atty., and W. Emmitt Roberts, Asst. Regional Atty., Dept. of Health and Human Services, Dallas, Tex., for appellee.
Before HEANEY, McMILLIAN and JOHN R. GIBSON, Circuit Judges.
Roy L. Sharrah appeals from a final judgment of the District Court for the Western District of Arkansas affirming the Secretary's denial of his application for supplemental security income (SSI) benefits. For reversal appellant argues that (1) the district court erred in finding that the Secretary's decision was supported by substantial evidence and (2) the Secretary's decision violated applicable regulations. For the reasons discussed below, we reverse the judgment of the district court and remand to the Secretary for further proceedings.
Appellant applied for SSI benefits on March 18, 1981. His claim was denied on August 4, 1981, and appellant failed to appeal. On December 22, 1981, appellant filed a second application for SSI benefits. An administrative law judge (ALJ) conducted a hearing on appellant's application on April 22, 1982. At the time of the hearing appellant was thirty-six years old. He had a seventh grade education and had formerly been employed as a fence installer, tree trimmer and fruit picker.
The medical evidence presented in support of appellant's application revealed that in early 1977 appellant underwent a right parietal craniotomy to remove an intracerebral hematoma. Upon release from the hospital he was placed on Dilantin therapy to control a seizure disorder resulting from the surgery. A report from Dr. Stephen Parker dated July 29, 1981, indicated that appellant was suffering from chest pains originating in the chest wall. Dr. Parker found no arteriosclerotic heart disease, but noted that appellant slightly limped on his left side and had a subjective decrease of strength in his left arm and leg. A report from Dr. Aubrey L. Travis dated December 3, 1980, concluded that appellant was unable to do any work requiring the coordinated use of his left hand or any significant amount of fine motor coordination. Dr. Travis found that appellant's grip strength on his left side was decreased and he was weak in the left lower extremity in his biceps, triceps, and brachial radialis. In a report dated February 5, 1982, Dr. Stephen Manus wrote that appellant was experiencing tenderness in the upper portion of his abdomen, chest pain, blackout spells, and dizziness. Dr. Manus recommended that appellant restrict his physical activities, avoid heights and not operate any machinery. Dr. Manus indicated appellant could do sedentary work if he did not have to use his left arm or leg.
Dr. Charles Reul, a neurologist, examined appellant on February 16, 1982. Dr. Reul indicated that appellant had light seizures usually related to nervousness during which he was short of breath, hyperventilated, and experienced vision blurring, dizziness and numbness. A CT brain scan revealed a large, low density, nonenhancing lesion in the right hemisphere. Appellant's electroencephalogram was abnormal showing increased voltage in the right posterior hemisphere with an intermittent slow wave focus. Dr. Reul's diagnosis was that appellant had status post hemorrhage to the right posterior hemisphere; probable mild personality behavior disorder secondary to the hemorrhage; probable mild left hemisensory loss secondary to the hemorrhage; and muscle contraction headaches secondary to chronic anxiety depression disorder. Dr. Reul recommended that appellant continue on Dilantin and begin taking Elavil and Endep.
Appellant returned to Dr. Reul on April 2, 1982, because his headaches had not improved. Dr. Reul reaffirmed his original diagnosis and added:
As far as his disability is concerned, I would feel he has a very mild amount of discoordination or incoordination in his left arm and leg, and it would prevent him from doing fine motor tasks involving the left side, and I would feel he is neurologically disabled as far as this is concerned. As far as any other job limitation, I would feel this is only related to whatever the level of his intellectual function is and this could only be determined by full psychological testing. This might or might not relate to either some impairment secondary to his cerebral hemorrhage or his original intellectual endowment or a mixture of both. I cannot determine this.
Appellant testified at the hearing that he had limited feeling in his left arm, could...
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Sumler v. Bowen
...and is more than a mere search for the existence of some evidence supporting the Secretary's decision. Sharrah v. Secretary of Health and Human Services, 747 F.2d 457, 459 (8th Cir.1984); McMillian v. Schweiker, 697 F.2d 215, 220 (8th Claimant has the burden of showing that she is unable to......