Alford v. Sullivan

791 F. Supp. 1483
CourtDistrict Court, D. Kansas
DecidedJanuary 9, 1992
DocketNo. 90-1009-C
StatusPublished
Cited by1 cases

This text of 791 F. Supp. 1483 (Alford v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alford v. Sullivan, 791 F. Supp. 1483 (D. Kan. 1992).

Opinion

MEMORANDUM AND ORDER

CROW, District Judge.

This is an action to review the final decision of the Secretary of Health and Human Services [42 U.S.C. § 405(g)] denying disability benefits to plaintiff, Alma D. Alford. The case is ripe for decision on the plaintiff’s motion for summary judgment and on the Secretary’s motion to affirm. Plaintiff has been represented by counsel through most of the proceedings at the administrative level and through all the proceedings at the judicial level.

On March 11, 1988, plaintiff filed her second application for disability benefits under Title II. She alleged that as of January 6, 1987, she suffered from a disabling condition in her feet, back, knees and arm and had low blood pressure. Plaintiff’s claim was denied initially and on reconsideration. Following a hearing held on January 18, 1989, the administrative law judge (AU) issued his decision finding that the plaintiff was not disabled at any time through February 17, 1989, the date of his decision. On November 8, 1989, the Appeals Council denied the plaintiff’s request for review. Consequently, the AU’s decision stands as the Secretary’s final decision.

The court’s standard of review is set forth at 42 U.S.C. § 405(g), which reads that “the finding of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive.” Substantial evidence is more than a scintilla and is that evidence which a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401-02, 91 S.Ct. 1420, 1427-28, 28 L.Ed.2d 842 (1971); Ray v. Bowen, 865 F.2d 222, 224 (10th Cir.1989). The court’s duty to assess whether substantial evidence exists:

“is not merely a quantitative exercise. Evidence is not substantial ‘if it is overwhelmed by other evidence — particularly certain types of evidence (e.g., that offered by treating physicians) — or if it really constitutes not evidence but mere conclusion.’ ”

Gossett v. Bowen, 862 F.2d 802, 805 (10th Cir.1988) (quoting Fulton v. Heckler, 760 F.2d 1052, 1055 (10th Cir.1985)). The court is not to reweigh the evidence or substitute its judgment for that of the Secretary. Jozefowicz v. Heckler, 811 F.2d 1352, 1357 (10th Cir.1987). Nonetheless, the findings of the Secretary will not be mechanically accepted. Claassen v. Heckler, 600 F.Supp. 1507, 1509 (D.Kan.1985). Nor will the findings be affirmed by isolating facts and labelling them substantial evidence, as the court must scrutinize the entire record in determining whether the Secretary’s conclusions are rational. Holloway v. Heckler, 607 F.Supp. 71, 72 (D.Kan.1985). “[T]he ‘failure to apply the correct legal standard or to provide this court with a sufficient basis to determine that appropriate legal principles have been followed is grounds for reversal.’ ” Emory v. Sullivan, 936 F.2d 1092, 1093 (10th Cir.1991) (quoting Byron v. Heckler, 742 F.2d 1232, 1235 (10th Cir.1984)).

The Social Security Act provides that an individual “shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy....” 42 U.S.C. § 423(d)(2)(A). Claimant has the burden of proving a disability that prevents him from engaging in his prior work for a continuous period of twelve months. The burden then shifts to the Secretary to show that the claimant retains the ability to do other work activity and that jobs the claimant could perform exist in the national economy. Sorenson v. Bowen, 888 F.2d 706, 710 (10th Cir.1989). The Secretary satisfies this burden if substantial evidence supports it.

For evaluating a claim of disability, the Secretary has developed a five-step se[1486]*1486quential process. Bowen v. Yuckert, 482 U.S. 137, 140, 107 S.Ct. 2287, 2289, 96 L.Ed.2d 119 (1987). Step one is whether the claimant is currently engaged in substantial gainful activity. If not, the fact finder next considers whether “the claimant has a medically severe impairment or combination of impairments.” Yuckert, 482 U.S. at 141, 107 S.Ct. at 2291. Step three entails determining whether the impairment is equivalent to one of a number of impairments listed in the “Listing of Impairments,” 20 C.F.R. Part 404, subpt. p, App. 1 which the Secretary acknowledges are so severe as to preclude substantial gainful activity, 20 C.F.R. § 416.920(d). If no equivalency, the claimant must show that because of the impairment he is unable to perform his past work. 20 C.F.R. § 416.920(e). The final step is to determine whether the claimant has the residual functional capacity (RFC) to perform other work available in the national economy, considering such additional factors as age, education, and past work experience. 20 C.F.R. § 416.920(f). This process comes to an end if at any point the Secretary determines the claimant is disabled or not. Gos-sett, 862 F.2d at 805; 20 C.F.R. § 416.-920(a).

In his order of February 17, 1989, the AU found:

1. The claimant met the disability insured status requirements of the Act on January 6, 1987, the date the claimant stated she became unable to work, and continues to meet them at least through the date of this decision.
2. The claimant has not engaged in substantial gainful activity since her alleged onset date of disability.
3. The medical evidence establishes that the claimant has mild osteoarthritis of various joints, borderline thyroid functioning, and obesity.
4. The claimant’s allegations of “blackouts” are not considered credible.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Perbeck v. Astrue
487 F. Supp. 2d 1267 (D. Kansas, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
791 F. Supp. 1483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alford-v-sullivan-ksd-1992.