Turner v. Ribicoff

• Citation: 224 F. Supp. 284
• Decision Date: 13 December 1963
• Docket Number: Civ. A. No. 2593.
• Parties: J. D. TURNER, Plaintiff, v. Abraham RIBICOFF, Secretary of Health, Education and Welfare, Defendant.
• Court: U.S. District Court — Southern District of Alabama

224 F. Supp. 284

J. D. TURNER, Plaintiff, v. Abraham RIBICOFF, Secretary of Health, Education and Welfare, Defendant.

Civ. A. No. 2593.

United States District Court S. D. Alabama, S. D.

December 13, 1963.

Robert F. Adams, McCorvey, Turner, Johnstone, Adams & May, Mobile, Ala., for plaintiff.

Vernol R. Jansen, Jr., U. S. Atty., Mobile, Ala., for defendant.

DANIEL HOLCOMBE THOMAS, District Judge.

This action was commenced pursuant to the provisions of 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare, denying to the plaintiff the period of disability and disability insurance benefits for which he had applied. Following the judgment of this Court, entered May 14, 1962, and under the direction thereof, a rehearing was held December 3, 1962, before a Hearing Examiner. It was the recommendation of the Examiner that the claimant was not entitled to a period of disability and disability insurance benefits. The recommendations and decision of the Hearing Examiner were made the decision of the Secretary of Health, Education and Welfare, after review by the Appeals Council, and a final decision was entered denying relief to the plaintiff. It is this decision which plaintiff seeks to have reviewed pursuant to 42 U.S.C.A. § 405(g).

The Hearing Examiner found that the claimant was insured for disability insurance benefits in that his earnings record showed coverage required by the Social Security Act. The Examiner also found that claimant was not disabled to the extent required by the Act, and this finding is the only concern of the Court on this review.

Claimant was employed by Aluminum Company of America from August 18, 1937, until he was retired June 1, 1958. He did no work during the last two months of his employment due to his physical condition. Claimant had served as plant foreman for his employer since 1939, having complete responsibility for the operation of the plant during the night shift, supervising all phases of the plant operation, including direct supervision of the foremen of the various departments.

Prior to his working for Aluminum Company of America, claimant had worked at various jobs, varying from timekeeper on construction work, which involved traveling, to batch weigher at a fertilizer plant. All of the jobs, with the possible exception of batch weigher, which no longer exists, required quite a bit of physical exertion. For the most part the jobs were commensurate with the tenth grade education of the claimant.

There is no doubt that the claimant does have a heart condition or disease. The only problem is to what extent is this a disabling condition.

Dr. Rhett Walker, in a report of June 13, 1958, to the Social Security Administration concerning the claimant, diagnosed claimant as having arteriosclerotic heart disease, Class IIIC. His heart was found to be moderately enlarged. An electrocardiogram showed left bundle branch block. Dr. Walker reported claimant was restricted to light physical activity, and stated he believed retirement was justified by degree of disability.

In a subsequent report, dated November 14, 1959, Dr. Walker reported claimant had arteriosclerotic heart disease IIIC, cardiac enlargement, distant breath sounds, and left bundle branch block on EKG. In the progress report claimant's condition was described as probably static. Dr. Walker advised claimant not to work.

A comprehensive medical examination of claimant was made on February 13, 1959, by Dr. I. A. Koffler at the request of Mr. W. P. Snuggs, Supervisor Disability Determinations. In his electrocardiogram interpretation Dr. Koffler found an abnormal electrocardiogram with left bundle branch block, complete, typical. His diagnoses in the case were coronary arteriosclerosis with EKG evidence of left bundle branch block; chest pain, probably of muscular skeletal and of coronary origin; and chronic anxiety, severe. Dr. Koffler felt it was not safe to do an exercise tolerance test in the face of a left bundle branch block. According to Dr. Koffler, "There is no question but that this patient (claimant, Turner) is totally and permanently disabled for his previous type of improvement probably meant employment because of the existence of coronary artery disease plus tremendous psychogenic overlay. Obviously the latter will aggravate his coronary artery disease."

Mr. Turner was examined by Dr. H. Duke Thomas of the University of Alabama Medical Center pursuant to the order of this Court that claimant be examined by a cardiologist. Claimant told Dr. Thomas that he had two episodes of syncope prior to his hospitalization in November of 1957. Upon examination Dr. Thomas, in his report of July 30, 1962, found that Mr. Turner, claimant, had: (1) ischemic heart disease with old myocardial infarction by history and present electrocardiogram showing left bundle branch block, (2) generalized arteriosclerosis, (3) senile emphysema, (4) chest pain, peri-apical and probable angina pectoris, (5) chololithiasis by history, (6) bilateral varicosities, and (7) benign prostatic hypertrophy.

Subsequent to his report, Dr. Thomas was informed that Mr. Turner's medical record did not corroborate his statement that he had syncope. Dr. Thomas examined the hospital records of claimant for his admission in 1957 and stated that from the records he could not determine whether Mr. Turner had sustained a myocardial infarction in 1957. He noted that Dr. Walker, in 1957, had diagnosed Mr. Turner's condition as arteriosclerotic heart disease and left bundle branch block, with transient auricular fibrillation. Dr. Thomas reported that left bundle branch block is frequently developed as a result of myocardial...