Wright v. Schweiker, Civ. A. No. 80-3647.

• Decision Date: 17 January 1983
• Docket Number: Civ. A. No. 80-3647.
• Citation: 556 F. Supp. 468
• Parties: Willie E. WRIGHT v. Richard SCHWEIKER, Secretary, Health and Human Services.
• Court: U.S. District Court — Middle District of Tennessee

556 F. Supp. 468

Willie E. WRIGHT v. Richard SCHWEIKER, Secretary, Health and Human Services.

Civ. A. No. 80-3647.

United States District Court, M.D. Tennessee, Nashville Division.

January 17, 1983.

COPYRIGHT MATERIAL OMITTED

Legal Services of Middle Tenn., Nashville, Tenn., for plaintiff.

Joseph B. Brown, Jr., U.S. Atty., Nashville, for defendant.

MEMORANDUM

JOHN T. NIXON, District Judge.

This is a civil action filed pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Secretary of Health and Human Services denying plaintiff a period of disability, disability insurance benefits and supplemental security income benefits as provided by Titles II and XVI of the Social Security Act, as amended. 42 U.S.C. §§ 416(i), 423(d) and 1382c(a)(3). The case now pends on cross-motions for summary judgment. For the reasons stated, the plaintiff's motion will be granted.

This plaintiff's encounters with the Social Security Administration SSA cover a long period of time. In June of 1969, plaintiff, who was born on November 16, 1941, filed a Title II application. (tr. 77). The SSA denied the claim initially. On December 30, 1969, plaintiff filed his second Title II application alleging an injured left hand, a bad heart, and kidney trouble as disabling impairments. (tr. 85). On initial consideration the SSA, conceding diagnoses of mental deficiency, an IQ of 69, probable epilepsy, mild anemia, and flexion contracture of the left middle finger, granted plaintiff a period of disability commencing November 18, 1969. (tr. 89). In December of 1972, upon periodic review, the SSA determined that plaintiff's period of disability ceased in July of 1971 and, therefore, his entitlement to a period of disability and to payment of benefits would cease at the end of September 1971. (tr. 91). At about that same time, plaintiff was advised that he had been over-paid $2,170.20. (tr. 93). Plaintiff apparently filed a request for a waiver of the recoupment of the overpayment but that request was denied on the finding that plaintiff had returned to work in July of 1970 and had failed to advise the SSA of that fact. (tr. 95).

The record does not disclose what happened from that time until January 3, 1975, when plaintiff filed another application for Title II benefits and alleged that a heart condition and an injured right hand had disabled him as of December 27, 1974. (tr. 98). This claim was denied initially. It appears that during the relevant periods on this application, plaintiff continued to work at least part-time. (tr. 103). The plaintiff was notified of the decision on March 31, 1975. (tr. 104).

On October 21, 1975, plaintiff filed another application for Title II benefits. (tr. 106-109). This claim was denied initially, although the SSA conceded diagnoses of psychoneurosis with functional chest pain and borderline anemia. (tr. 110). The claim was denied after reconsideration. Plaintiff was afforded a hearing on October 7, 1976, before an administrative law judge ALJ and was represented. On November 22, 1976, the ALJ issued his denial decision. (tr. 246-253). On April 1, 1977, the Appeals Council AC declined to grant plaintiff's request for review. Apparently plaintiff did not appeal this decision.

On June 1, 1977, plaintiff filed another application for Title II benefits alleging he was disabled as of September 1976 because of back trouble, an enlarged heart, dizzy spells, leg trouble, and an operation on his hands. (tr. 256). Conceding a diagnosis of status post fracture of the right ankle, the claim was denied initially. (tr. 260). However, on reconsideration, the SSA granted plaintiff a period of disability commencing September 15, 1976. (tr. 262). The disabling impairments were listed as mild mental retardation and status post fracture of the right ankle. In December of 1978 the SSA on periodic review found that plaintiff was failing to cooperate and, therefore, found that his disability ceased in November of 1978 and his period of disability and payment of benefits would cease or terminate at the conclusion of January 1979. (tr. 263, 283). Apparently plaintiff took no further action.

However, on September 24, 1979, he filed another application for Title II benefits and this time an application for Title XVI benefits. (tr. 284, 288). On the Title II application he alleged he was disabled as of July 1979 because of problems with his "colon, back, right leg and ankle." (tr. 284).

This time the SSA conceded a diagnosis of peripheral arthritis but denied the claims initially (tr. 292, 294) and on reconsideration. (tr. 296-297). On April 9, 1980, the plaintiff was afforded a hearing before an ALJ. He was represented, and he and a relative testified in his behalf. On July 24, 1980, the ALJ issued his denial decision. (tr. 9-19). On September 12, 1980, the AC declined to grant plaintiff's request for review. Thus, the ALJ's decision became the Secretary's final decision. 20 C.F.R. §§ 404.981 and 416.1481. This civil action was thereafter timely filed and, on February 26, 1981, the Court remanded these claims for the purpose of receiving additional evidence with regard to plaintiff's mental impairment, if any, and to reconsider the claims.

On July 22, 1981, the AC remanded the claim to an ALJ for further proceedings. (tr. 252). On September 22, 1981, a supplemental hearing was held and the plaintiff was represented by an attorney. On March 15, 1982, the ALJ issued his decision recommending that plaintiff's applications be denied. (tr. 437-444). On April 28, 1982, the AC adopted the findings and conclusions in the recommended decision. (tr. 436). This civil action was thereafter reopened on June 16, 1982, upon the filing of the supplemental transcript.

The criteria for evaluating disability under the Supplemental Security Income Program are essentially the same as those which apply in the Social Security Disability Insurance Program. 42 U.S.C. §§ 423(d) and 1382c(a)(3); 20 C.F.R. §§ 404.1501, et seq.¹ Likewise, the standard of judicial review is similar for both programs. 42 U.S.C. §§ 405(g) and 1383(c)(3). Thus, the only issue before this Court is whether the final decision of the Secretary that plaintiff was not disabled is supported by substantial evidence.

The determination of disability under the Act is an administrative decision, and the only question before the Court is whether or not, in light of the record made in the administrative hearing process, the decision of the Secretary is supported by substantial evidence. Substantial evidence means such relevant evidence as a reasonable mind would accept as adequate to support a conclusion. It is more than a scintilla. Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); LeMaster v. Weinberger, 533 F.2d 337 (6th Cir.1976).

The plaintiff would be considered disabled if he were unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or to last at least 12 months. Substantial gainful activity includes both previous work performed by the plaintiff, and, considering age, education and work experience, any other work which exists in the national economy in significant numbers; it is immaterial whether such work exists in the immediate area in which the plaintiff lives, or whether a specific job vacancy exists or whether the plaintiff would be hired if he applied. The burden of establishing disability is on the plaintiff, and impairments must be demonstrated by medically acceptable clinical and laboratory diagnostic techniques. Plaintiff must establish that he not only has an impairment as defined but that such impairment was severe enough to preclude his engaging in any substantial gainful activity. Ragan v. Finch, 435 F.2d 239 (6th Cir.1970).

In reviewing the decisions of the Secretary, courts look to four types of evidence: (1) objective medical findings regarding plaintiff's condition; (2) diagnoses and opinions of medical experts; (3) subjective evidence of plaintiff's condition; and (4) plaintiff's age, education, and work experience. Miracle v. Celebrezze, 351 F.2d 361 (6th Cir.1965).

At the most recent hearing, the plaintiff testified that he was 40 years old at that time. (tr. 468). He is 5'7" and weighed 155 pounds, although his usual weight is about 165 pounds. There is some evidence that the plaintiff occasionally drove his automobile up until the time it broke down shortly before the hearing. He testified that he cannot work because of his left hand and his shoulders. He has cramps which "cuts off his wind" when he exerts himself. His right leg causes difficulty in standing. He has difficulty with his back, his hearing and his memory. (tr. 459). He has difficulty sleeping because of breathing problems caused by lying down. (tr. 460-461). He does not believe he could lift and carry 25 pounds. With regard to his dizziness, he states if he remains seated he has no difficulty. (tr. 462). During the day, plaintiff apparently stays at home. He takes medicine for nerves. Plaintiff testified that he has fallen. He is unhappy all the time. (tr. 466, 467). He testified he last worked at a warehouse driving a truck in 1979. (tr. 468, 469). He is treated at the Matthew Walker Health Center. (tr. 470). The plaintiff testified to some ideas of paranoia on direct, although when examined by the ALJ he stated that he did not think that he was being threatened. (tr. 476, 477).

According to the most recent medical reports from the Matthew Walker Health Center, plaintiff has been treated or diagnosed as having depressive disorders. (tr. 493). He was treated for complaints of leg pain, chest pain, and pain in the shoulders and arms, and weakness.² A chest x-ray produced evidence of slight cardiomegaly but the lung fields were clear and otherwise were within normal limits. (tr. 494). In September of 1981 he...