Barnes v. Schweiker

562 F. Supp. 433, 1983 U.S. Dist. LEXIS 17409, 2 Soc. Serv. Rev. 652
CourtDistrict Court, N.D. Iowa
DecidedApril 26, 1983
DocketNo. C 82-72
StatusPublished
Cited by1 cases

This text of 562 F. Supp. 433 (Barnes v. Schweiker) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnes v. Schweiker, 562 F. Supp. 433, 1983 U.S. Dist. LEXIS 17409, 2 Soc. Serv. Rev. 652 (N.D. Iowa 1983).

Opinion

ORDER

McMANUS, Chief Judge.

This matter is before the court on plaintiff’s resisted motion for summary judgment, filed October 12, 1982; on defendant’s resisted motion to affirm the Secretary’s decision, filed November 12, 1982; and on plaintiff’s resisted “Motion for Consideration of Court Orders,” filed January 4, 1983. Vacated and remanded.

[435]*435This is an action to review a final decision of the Secretary of Health and Human Services denying plaintiff disability insurance benefits under the provisions of Title 42 U.S.C. § 423 of the Social Security Act.

Before turning to the law and facts herein involved, the court will address plaintiffs January 4, 1983 motion. In that motion plaintiff asks the court to, in effect, strike defendant’s supplemental brief in support of defendant’s motion to affirm the decision of the Secretary. Plaintiff claims that said brief was not within the purview of the court’s orders regarding the briefing schedule. However, the court finds that defendant’s supplemental brief addresses information and arguments raised for the first time in plaintiff’s reply brief. It is only fair that defendant be permitted to respond thereto. Thus, plaintiff’s motion will be denied.

At this point a general review of the law to be applied is in order.

Under the Social Security Act the findings of the Secretary must be affirmed if they are supported by substantial evidence in the record. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420,1427, 28 L.Ed.2d 842 (1971); Alexander v. Weinberger, 536 F.2d 779 (8th Cir.1976); Reams v. Finch, 313 F.Supp. 1272 (N.D.Ia.1970). Substantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, supra; Timmerman v. Weinberger, 510 F.2d 439 (8th Cir.1975). Further, it is clear that the plaintiff has the burden of establishing his entitlement to benefits under the Act. Johnson v. Califano, 572 F.2d 186 (8th Cir.1978); Yawitz v. Weinberger, 498 F.2d 956 (8th Cir.1974).

It is, however, equally clear that plaintiff has the burden of establishing his claim for disability benefits. See e.g., Rhines v. Harris, 634 F.2d 1076 (8th Cir.1980); Davis v. Califano, 616 F.2d 348 (8th Cir.1979); Johnson v. Califano, 572 F.2d 186 (8th Cir.1978). The statutory definition of disability imposes upon a claimant a three-fold proof requirement:

1. That there is a medically determinable physical or mental impairment that can be expected to continue for a period of not less than 12 months.
2. That there is an inability to engage in any substantial gainful employment; and
3. That the inability is by reason of the impairment.

Timmerman v. Weinberger, 510 F.2d 439 (8th Cir.1975).

Once a plaintiff, as here, has established a disability so severe as to preclude that person from engaging in his former work, the burden shifts to the Secretary to prove that there is some other kind of substantial gainful employment that plaintiff could perform. See e.g., Johnson v. Califano, supra; Brinker v. Weinberger, 522 F.2d 13, 17 (8th Cir.1975).

In this case the ALJ found plaintiff not to be disabled on the basis of the grid. The grid was developed in an attempt to insure more uniformity in the decision of disability cases. Santise v. Schweiker, 676 F.2d 925 (3rd Cir.1982). It establishes a sequential decision making process to be uniformly followed in deciding disability cases. See 20 CFR § 404.1520. Specifically, the regulations require that an initial determination be made as to whether the claimant is currently engaged in substantial gainful activity; if so, the claimant is found “not disabled.” Second, it is determined if the claimant has a severe impairment — one that significantly limits the ability to perform work-related functions; if not, then on the medical evidence alone the claimant is determined to be not disabled. Third, if a severe impairment is found, the impairment is compared against those listed in 20 CFR Subpart P, Appendix I (1981), to see if, on the medical evidence alone, the claimant can be found to be disabled. Assuming the claimant is not found to be disabled, the fourth step requires inquiry into whether the claimant can perform relevant past work; if so, then the claimant is not disabled. The final step in the process involves the use of the grid. See 20 CFR § 404.1520.

[436]*436Before the grid can be used the AU is required to make findings as. to the applicant’s age,1 education,2 prior work experience,3 and residual functional capacity (RFC) which can then be plugged into the grid and a result obtained. Of these factors the Eighth Circuit has indicated that RFC is by far the most important. McCoy v. Schweiker, 683 F.2d 1138, 1147 (8th Cir. 1982). Under the regulations RFC is defined as the level of work that an individual is able to perform in spite of his various physical and mental impairments. 20 CFR § 404.1545. It is clear that the grid does not apply if the applicant’s RFC is to do a particular kind of work4 only intermittently but rather the claimant must be able to perform a full range of work on a sustained basis. As the Eighth Circuit stated in McCoy, “the RFC that must be found if the grid is to be used, in the case of sedentary and medium work, as well as light work, is not the ability merely to lift weights occasionally in a doctor’s office; it is the ability to perform the requisite physical acts day in and day out, in the sometimes competitive and stressful conditions in which real people work in the real world.” Id. In any event the claimant must be capable of performing a wide range of jobs at the designated level sedentary, light or medium.

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Cite This Page — Counsel Stack

Bluebook (online)
562 F. Supp. 433, 1983 U.S. Dist. LEXIS 17409, 2 Soc. Serv. Rev. 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-schweiker-iand-1983.