Bainey v. Secretary of Health & Human Services

732 F. Supp. 582, 1990 U.S. Dist. LEXIS 3248, 1990 WL 31799
CourtDistrict Court, W.D. Pennsylvania
DecidedJanuary 11, 1990
DocketCiv. A. No. 89-74J
StatusPublished

This text of 732 F. Supp. 582 (Bainey v. Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bainey v. Secretary of Health & Human Services, 732 F. Supp. 582, 1990 U.S. Dist. LEXIS 3248, 1990 WL 31799 (W.D. Pa. 1990).

Opinion

OPINION

D. BROOKS SMITH, District Judge.

Plaintiff Ronald A. Bainey brings this action under sections 205(g) and 1631(c)(3) of the Social Security Act, as amended, 42 U.S.C. §§ 405(g) and 1383(c)(3), to review a final determination of the Secretary of Health and Human Services denying his application for disability insurance benefits and supplemental security income benefits based on disability. Both sides have moved for summary judgment pursuant to Fed.R. Civ.P. 56(e). For the reasons stated in this opinion, plaintiff’s motion is granted and defendant’s motion is denied.

Plaintiff applied for Supplemental Security Income Benefits on April 10, 1987. Certified Transcript (“Tr.”) of the administrative record at 367-370. His claim was de[583]*583nied initially on June 8, 1987 (Tr. at 371-73), and again upon reconsideration on June 23, 1987 (Tr. at 376-77). Thereafter, plaintiff requested a hearing (Tr. at 378-79), which was held on February 16, 1988 (Tr. 61-92) before Administrative Law Judge Dwight L. Koerber (“AU”). The AU denied plaintiffs claim on July 27, 1988 (Tr. at 14-19). Plaintiff then requested a review by the Appeals Council (Tr. at 9-11). That request was denied on March 10, 1989 (Tr. at 4-6), rendering the AU’s decision the final decision of the Secretary.

Plaintiff, a 52 year-old male at the time of the AU hearing, applied for benefits on the basis of a heart-related disability. (Tr. at 64, 367). The substance of plaintiffs claim is that he suffers from severe coronary artery disease. Plaintiffs Brief in Support of His Motion for Summary Judgment at 2.

Plaintiffs complaint seeks a review of the Secretary’s final decision pursuant to Section 205(g) of the Act, as amended, 42 U.S.C. § 405(g). Our review is limited to a determination of whether the Secretary’s findings are supported by substantial evidence. Id. Findings supported by substantial evidence are conclusive, where substantial evidence is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1981) (quoting Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 216, 83 L.Ed. 126 (1938)). Absent substantial evidence to support the findings, we may modify, remand or reverse the Secretary’s decision. 42 U.S.C. § 405(g).

Our review of the' AU’s decision follows the sequential analysis set forth in the Social Security Regulations. See C.F.R. § 416.920. This analysis establishes a framework for determining whether an individual is disabled according to the regulations. The first inquiry is whether the plaintiff is performing any substantial gainful activity. 'If so, the plaintiff is not disabled and the inquiry is concluded. 20 C.F.R. § 416.920(b). If not, the next step scrutinizes whether an individual has a severe impairment.

A severe impairment may be established by showing that one is unable to perform basic work activities, or by demonstrating that the plaintiff’s physical and/or mental conditions meet the criteria of a listing in the appendix of impairments. See 20 C.F.R. Part 404, Subpart P, Appendix 1 (hereinafter Appendix 1). If an individual’s condition satisfies the requirements of a listed impairment, the plaintiff is automatically determined to be disabled and benefits are awarded. 20 C.F.R. § 416.920(c), (d).

If a plaintiff’s impairment, though severe, fails to satisfy the criteria of a listed impairment, the individual must prove he is unable to perform past relevant work. If the plaintiff satisfies this burden of proof, then the Secretary must show that the individual has the residual functional capacity to do other work. 20 C.F.R. § 416.920(e), (f).

In the instant case, the plaintiff was not performing any substantial gainful activity, his last day of work being March 30, 1987. (Tr. at 72). Therefore, the plaintiff’s impairment had to be assessed to determine if it was severe.

Plaintiff testified that from September 15, 1986 until March 30, 1987, he was employed at a shopping center in a light duty capacity as a salesclerk. (Tr. at 73).1 By March 1987, he was experiencing shortness of breath accompanied by weakness in his arms and legs. (Tr. at 72). Plaintiff visited, the Veterans Hospital as a walk-in patient on March 31, 1987, where he was instructed not to return to work. (Tr. at 72, 422, 424). At the time of the hearing, plaintiff was treating with nitroglycerin seven, to ten times per week. (Tr. at 76). Plaintiff also treats daily with Isosorbid and Diltiazem (medications for treatment of angina). (Tr. at 76).

[584]*584Plaintiff testified that he is able to perform light housekeeping duties such as washing the dishes and starting meals. (Tr. at 77, 85-86). He can attend to his own personal needs such as washing and dressing. (Tr. at 85). However, he is unable to lift his arms over his head due to weakness, and he is unable to perform anything but the mildest exercise. (Tr. at 77, 79). He takes walks on a regular basis, but again they are limited by shortness of breath. (Tr. at 79). Plaintiff is able to drive, although his ability to operate a standard transmission is sometimes limited by weakness in his arms. (Tr. at 81). Plaintiff reports that his attempts to shovel snow and pull his seven-year old daughter on her sled brought on severe chest pains. (Tr. at 80, 84-85). His social activities are also limited by his physical weakness. (Tr. at 87-88).

Plaintiffs medical records reveal that he suffered an acute inferior wall myocardial infarction in June, 1985. (Tr. at 236). Additionally, the discharge report of his June, 1985, hospitalization indicates that he suffered persistent angina and anterior chest wall syndrome at that time. Id. Thereafter, plaintiff underwent a series of cardiac catheterizations which consistently revealed coronary artery disease. (Tr. at 275, 346-48, 518-19, 527-28). In April, 1986, and again in January, 1988, angioplasty procedures were performed on plaintiffs coronary arteries. (Tr. at 346-48, 518-19).

The AU determined that although the plaintiffs symptoms limit his ability to do basic work activities, the plaintiff fails to meet the criteria of any of the cardiovascular listed impairments. Appendix 1, § 4.04. (Tr. at 16).

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732 F. Supp. 582, 1990 U.S. Dist. LEXIS 3248, 1990 WL 31799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bainey-v-secretary-of-health-human-services-pawd-1990.