Barbara L. BRAINARD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

889 F.2d 679, 1989 U.S. App. LEXIS 11681, 1989 WL 137186
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 7, 1989
Docket88-1844
StatusPublished
Cited by1,120 cases

This text of 889 F.2d 679 (Barbara L. BRAINARD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barbara L. BRAINARD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee, 889 F.2d 679, 1989 U.S. App. LEXIS 11681, 1989 WL 137186 (6th Cir. 1989).

Opinion

PER CURIAM.

Plaintiff, Barbara L. Brainard, appeals from the district court’s order granting summary judgment for the Secretary of Health and Human Services (Secretary). For the following reasons, we affirm.

I.

On February 26, 1985, Brainard filed an application for disability insurance benefits (DIB) and for supplemental security income (SSI). Her SSI application was granted but her DIB claim was denied initially and on reconsideration. Her DIB claim was assigned to an administrative law judge (AU) who erroneously ruled that Brainard had enough quarters of credit to meet the “currently insured” requirements for DIB under Social Security Administration (SSA) regulations. When the error was discovered, the Appeals Council remanded Brai-nard’s case back to the AU.

On May 15, 1986, a hearing was held before the AU. On July 2, 1986, the AU rejected Brainard's DIB application and the Appeals Council affirmed the AU’s decision. Brainard then filed suit seeking review of the Secretary’s decision. On June 17, 1988, the United States District Court for the Western District of Michigan entered summary judgment for the Secretary.

Brainard was born on June 18, 1939, and was 45 years old at the time she filed her first DIB application in 1985. She claims that she became disabled as of December 1969, at the age of 30, because of bronchial asthma and mental illnesses. At the administrative hearing, the AU ruled that for Brainard to be eligible for DIB, she must both be fully insured and have a special disability insured status. In order to be fully insured, SSA regulations provide that Brainard must have worked for one quarter for each year after the year she turned 21 until the year in which the disability is claimed, i.e., one quarter for each “elapsed year.” 42 U.S.C. § 414(a) (1982); 20 C.F.R. §§ 404.110, 404.132 (1988). Thus, since Brainard turned 21 in 1960 and claims disability in December 1969, the AU determined that Brainard needed at least eight quarters of coverage to meet the fully insured status requirement. Because her earnings records from 1960 until 1985 proved that Brainard had more than eight quarters of coverage, the AU ruled that she was a fully insured individual.

With respect to the “currently insured” or special disability insured status requirements, the AU determined that Brainard, who claims disability as a younger individual (i.e., before age 31), must have earned quarters of credit in at least half of the calendar quarters from the calendar quarter after she turned 21 (second quarter of 1960) until the quarter (before age 31) in whieh she claims disability (fourth quarter of 1969). See 42 U.S.C. § 423(c)(l)(B)(ii) (1982); 20 C.F.R. § 404.130(c) (1988). Thus, since the period in Brainard’s case represents thirty-eight quarters, the AU concluded that Brainard would need nineteen quarters of coverage in order to be currently insured. SSA earnings records presented to the AU indicate that Brainard was credited with sixteen calender quarters of credit. While Brainard acknowledged that the SSA records correctly reflected that she had earned credits in sixteen quarters, she claims that she should have been credited with five additional quarters because she worked during five quarters which were not reflected in the SSA records. The AU rejected Brainard’s claim relating to the additional five quarters, in part, because SSA regulations provide that the relevant date for the purpose of receiving quarters of credit is the quarter in which an employee was paid earnings rather than the quarter in which the claimant actually worked for those earnings. See e.g., 20 C.F.R. §§ 404.140(b), 404.141(a) (1988).

*681 Since Brainard has only sixteen documented quarters of coverage, the AU ruled that Brainard does not meet the additional special disability insured status requirements and that she is not entitled to DIB. Although the AU concluded that the SSA records were accurate, he kept Brai-nard’s case open to allow her to supply documentary evidence to support her claim concerning the additional quarters. While Brainard’s attorney at the hearing stated that she would attempt to provide written verification for the additional employment dates, Brainard never provided any additional documentary evidence.

II.

Judicial review of the Secretary’s decision is limited to determining whether the Secretary’s findings are supported by substantial evidence and whether the Secretary employed the proper legal standards in reaching her conclusion. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). Substantial evidence is more than a scintilla of evidence but less than a preponderance and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 216, 83 L.Ed. 126 (1938). The scope of our review is limited to an examination of the record only. We do not review the evidence de novo, make credibility determinations nor weigh the evidence. Reynolds v. Secretary of Health and Human Services, 707 F.2d 927 (6th Cir.1983). Finally, where a party presents new evidence on appeal, this court can remand for further consideration of the evidence only where the party seeking remand shows that the new evidence is material and that there was good cause for not presenting the evidence in a prior proceeding. 42 U.S.C. § 405(g) (1982); Oliver v. Secretary of HHS, 804 F.2d 964, 966 (6th Cir.1986).

Brainard’s first argument is the SSA records do not adequately reflect her quarters of coverage and that her oral testimony should be viewed as “satisfactory” and substantial evidence. With respect to this claim, 20 C.F.R. § 404.803(a) (1988) provides that, in general, “SSA records are evidence of the amounts of ... earnings and the periods in which they were received.” If a claimant challenges the SSA records within 3 years, 3 months and 15 days (the “time limit”) after any year where there are reported earnings, the SSA records are not conclusive and the SSA is authorized to correct the earnings record. Id. at § 404.803(b). Since Brainard is challenging periods outside

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
889 F.2d 679, 1989 U.S. App. LEXIS 11681, 1989 WL 137186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbara-l-brainard-plaintiff-appellant-v-secretary-of-health-and-human-ca6-1989.