Andrews v. Weinberger

395 F. Supp. 176, 1975 U.S. Dist. LEXIS 12139
CourtDistrict Court, E.D. Virginia
DecidedMay 30, 1975
DocketCiv. A. No. 74-0170-R
StatusPublished
Cited by3 cases

This text of 395 F. Supp. 176 (Andrews v. Weinberger) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrews v. Weinberger, 395 F. Supp. 176, 1975 U.S. Dist. LEXIS 12139 (E.D. Va. 1975).

Opinion

MEMORANDUM

MERHIGE, District Judge.

Mabel W. Andrews brings an action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary in which it was held that she was not entitled to disability benefits upon an application filed September 12, 1972. The sole issue before the Court is whether the final decision of the Secretary is based upon substantial evidence. See 42 U.S.C. § 405(g). The defendant has moved for summary judgment and the plaintiff has responded with a brief in opposition thereto. The matter is ready for disposition.

The function of the Court is not to try this matter de novo, nor to resolve mere conflicts in the evidence. The Court, however, is duty bound to give careful scrutiny to the entire record to assure that there is a sound foundation for the Secretary’s findings, and that his decision is rational. Vitek v. Finch, 438 F.2d 1157 (4th Cir. 1971); Bridges v. Gardner, 368 F.2d 86 (5th Cir. 1966); Thomas v. Celebrezze, 331 F.2d 541 (4th Cir. 1954); Underwood v. Ribicoff, 298 F.2d 850 (4th Cir. 1962).

The facts are not in dispute. They are, as set forth by the defendant, as follows:

Plaintiff filed an application for a period of disability and for disability insurance benefits on September 19, 1972, alleging that she became unable to work in April 1972, at age 53. The application was denied initially and on reconsideration by the Bureau of Disability Insurance of the Social Security Administration, after the Virginia State Agency, upon evaluation of the evidence by a physician and a disability examiner, had found that the plaintiff was not under a disability. The administrative law judge, before whom plaintiff, her attorney and a vocational expert appeared, considered the case de novo, and on December 18, 1973, found that the plaintiff was not under a disability. The administrative law judge’s decision became the final decision of the Secretary when the Appeals Council approved that decision on March 7, 1974.

Plaintiff, born on May 28, 1918, completed 10 years of school and worked for 30 years at a Dupont fiber factory. Plaintiff alleged that she became dis[178]*178abled on April 30, 1972 due to a pin in her hip and stomach ulcers. At her hearing she testified that she could not sit or stand for long periods of time, her low back was painful, and she had arthritis in her neck and shoulder.

A medical history contained in a company doctor’s examination report stated that the plaintiff had walked with a limp since 1965 when she fell and injured her left hip and post-traumatic arthritis developed. Although she was treated by an orthopedic surgeon for several years subsequent to this injury, she continued to experience difficulty in standing and walking. Later, on October 1, 1970, plaintiff sustained a fracture of the left femoral neck.

Dr. Earnest L. Clements, Jr., an orthopedic surgeon, reported that x-ray examination on October 13, 1970 confirmed an impacted fracture of the hip and a multiple hip pin fixation was done at St. Mary’s Hospital.

Office records of Dr. Robert W. Bedinger, an internist, included an entry dated December 4, 1970; the examination findings included marked restriction of hip motion because of pain. Medical impressions were moderately severe reactive depression, suspicion of gastritis with recent occurrence of nausea, hypertension of recent onset, and fibro cystic mastopathy. An entry dated December 11, 1970 noted no evidence of depression and no significant change in any of the physical findings.

A report of plaintiff’s pension application physical examination performed on February 28, 1972 showed that the plaintiff returned to selective work on February 3, 1971. Her employer’s record of an annual physical examination, dated March 15, 1971, showed that the plaintiff walked with a cane; followup for her hip condition was recommended. The pension application physical examination report further stated that the plaintiff’s badly damaged hip was complicated by post-traumatic arthritis. She could not lift more than 15 pounds while standing, was unable to stoop, squat or climb, walked with a pronounced limp on the left and could not stand for more than two to three hours without rest. The report also listed adequately controlled hypothyroidism, a duodenal ulcer with recurrent attacks of pain, and emotional instability. The report further stated that plaintiff’s limited ability to perform certain elements of her job could no longer be tolerated, and that there was no work available in the plant that the plaintiff could consistently perform satisfactorily.

An entry in Dr. Bedinger’s office records, dated February 2, 1972 stated that the plaintiff had returned to the physical testing laboratory at Dupont. Within the past few days she was told that she must be retired on the basis of physical disability, apparently because she was restricted from standing for a full eight hours. A record entry showed that the plaintiff’s current acute problem was headache and upper abdominal distress. Medical impressions were probable gastritis, probable hypothyroidism, minimal residual from the pinned fracture of her left hip and acute anxiety reaction; probable tension headache with migraine was not excluded.

A questionnaire completed September 30, 1972 by Dr. Clements showed that in an eight hour work day the plaintiff could stand and/or walk for one to two hours, sit for five to six hours, and lift up to 10 pounds occasionally. She could stoop, squat, crawl, and climb stairs and ladders occasionally. She could not use her feet for repetitive movements as in operating foot controls. There was no restriction in plaintiff’s use of her hands and she could reach and work with arms extended at shoulder level.

Dr. Bedinger reported that the plaintiff was re-examined on September 27, 1972. His medical impressions were residual musculoskeletal symptoms from the old fracture of her left hip and mid-abdominal symptoms of undetermined significance. There was a previous history of dry skin, chilliness, constipation, [179]*179and leg cramps controlled coincident with thyroid supplement.

A consultative examination requested by the State agency was performed on March 15, 1973 by Dr. Franklin P. Watkins, an orthopedic surgeon; examination showed a good range of motion in the cervical and lumbosacral spine and in both hips. There were no positive neurological findings; motor and sensory function was normal. There was no muscle spasm or atrophy present. X-rays revealed arthritic changes in the cervical and lumbosacral spine; the hip pin and plate were in place in the left hip. Plaintiff’s hip fracture was well healed; she was felt to be capable of doing work not requiring strenuous lifting or bending or possibly prolonged standing.

Dr. R.

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Bluebook (online)
395 F. Supp. 176, 1975 U.S. Dist. LEXIS 12139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-weinberger-vaed-1975.