Timblin v. Harris, Civ. A. No. 79-1693.

• Decision Date: 29 August 1980
• Docket Number: Civ. A. No. 79-1693.
• Parties: William H. TIMBLIN, Plaintiff, v. Patricia Roberts HARRIS, Secretary, Health, Education and Welfare, Defendant.
• Court: U.S. District Court — Eastern District of Pennsylvania

498 F. Supp. 1107

William H. TIMBLIN, Plaintiff, v. Patricia Roberts HARRIS, Secretary, Health, Education and Welfare, Defendant.

Civ. A. No. 79-1693.

United States District Court, W. D. Pennsylvania.

August 29, 1980.

Nick A. Frisk, Jr., Ellwood City, Pa., for plaintiff.

Stephen I. Goldring, Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

MEMORANDUM AND

ORDER OF COURT

ZIEGLER, District Judge.

This court is required to determine whether the findings of fact by the Secretary of the Department of Health, Education and Welfare are supported by substantial evidence. We hold that William H. Timblin is disabled within the meaning of 42 U.S.C. § 423(d) (1976) and the decision of the Secretary, which terminates disability insurance benefits and supplemental security income payments, must be reversed.

The facts and legal issues are set forth in the well-written opinion of the Administrative Law Judge and need not be repeated at length. Claimant is a 37 year old male who was employed for ten years as a shipping clerk and for five months in 1975 as a saw operator. He was awarded diability insurance benefits and supplemental security income payments for a period of disability commencing on October 14, 1975, as a result of the decision of an administrative law judge dated January 23, 1978.

That decision was predicated on evidence which, in our judgment, was even less persuasive than the instant record. However, since the duty of weighing conflicting evidence and assessing credibility is the sole function of the Secretary, we must determine whether the decision to terminate benefits is supported by substantial evidence. Dobrowolsky v. Califano, 606 F.2d 403, 406 (3d Cir. 1979).

William Timblin is blind in the left eye and deaf in the right ear. He has undergone multiple surgical procedures to correct a chronically deficient left eye tear duct. Most of the surgery has been directed to removal of the residual effects of osteomyelitis of the left orbital floor, improvement of the appearance of the orb and correction of disfunction of the eyelid. As a result, he suffers from facial neuralgia, diminished vision of the right eye, inability to use that eye for more than two hours of reading or close work and inability to perform any sedentary labor.

The medical reports of record establish a lengthy medical history. David Rhodes, M.D., diagnosed claimant's left orbit deformity and confirmed the absence of vision in the eye in a report dated July 27, 1978. Charles S. McConnell, M.D., reported on January 12, 1979, that claimant was suffering from a severe cosmetic facial defect with left eye vision of less than 20/400. His diagnosis was left eye ambliopia, divergant vertical strabismus, inopthalmus, and infraorbital ridge scars. Surgery was contraindicated. Both doctors opined that claimant's vision in the right eye was 20/20, but neither expressed an opinion concerning Timblin's alleged weakness of the right eye during reading or close work, and neither report mentions claimant's ability to work.

Harold L. Leitel, M.D., in a report dated May 26, 1979, found congenital strabismus of the left eye with infection and pain, decreased vision of the right eye secondary to blindness in the left eye, arterial hypertension, poor concentration, intolerance of exercise, deafness in the right ear, and a heart murmur. He opined that Timblin is disabled.

Finally, Dr. Frank D. Geer, a psychiatrist, found claimant to be suffering from tension and secondary psychosomatic headaches and neck pain, with visual problems and physical complaints. The physician concluded that claimant is unable to hold any job or function at present.

In our judgment, the testimony of claimant, coupled with the reports of Doctors Leitel and Geer, establish a prima facie case of entitlement. See Dobrowolsky v. Califano, 606 F.2d 403, 409 (3d Cir. 1979); Rossi v. Califano, 602 F.2d 55, 57 (3d Cir. 1979). The burden then shifts to the Secretary to establish that Timblin's condition has improved to the extent that he may perform some form of substantial gainful activity and the availability of such employment within the national economy. Dobrowolsky v. Califano, 606 F.2d 403, 409 (3d Cir. 1979). The Secretary has failed to meet that burden.

There is no evidence of record from which this court can conclude that claimant's disability has changed. The Administrative Law Judge apparently premised his findings upon a rejection of complaints of subjective pain. However, even if we assume the fact-finder's holding in this regard is supported by substantial evidence,¹ the claimant must prevail.

Two physicians have confirmed that claimant's disability continues at present. Specific facts are provided to support these conclusions, and the Secretary cites...