Bennett v. Gardner

257 F. Supp. 488, 1966 U.S. Dist. LEXIS 6802
CourtDistrict Court, W.D. Louisiana
DecidedJuly 29, 1966
DocketCiv. A. No. 11492
StatusPublished
Cited by2 cases

This text of 257 F. Supp. 488 (Bennett v. Gardner) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. Gardner, 257 F. Supp. 488, 1966 U.S. Dist. LEXIS 6802 (W.D. La. 1966).

Opinion

RULING ON MOTION FOR SUMMARY JUDGMENT

BEN C. DAWKINS, Jr., Chief Judge.

This is an action under Section 205 (g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain review of a decision of the Secretary denying claimant’s application for a period of disability and for monthly disability insurance benefits. The Secretary has moved for summary judgment in his favor, the case being submitted on the administrative record.

Claimant filed an application for disability benefits February 12, 1964 alleging disability from December 20, 1961 because of back trouble, swollen thyroid gland and high blood pressure.1 This application was denied by the Social Security Administration on April 14, 1964, and again denied on reconsideration on July 9, 1964. A hearing was held on September 16, 1964, which resulted in a decision favorable to claimant, establishing a period of disability. Under the authority of the Social Security Administration Regulations, 20 CFR § 404.-947, the Appeals Council reviewed the hearing examiner’s decision, after having ordered additional medical evidence. In an exhaustive opinion, the Appeals Council reversed the hearing examiner, and denied claimant’s application. This final decision is now before us for review under section 205(g), 42 U.S.C. § 405(g).

After a thorough review of the administrative record, we have concluded that this case is one of those controlled by the provisions of section 205(g) — that is, conclusive, as supported by substantial evidence. Throughout our consideration of this record, we have endeavored to protect the rights of claimant to the maximum, as her employed counsel has declined to favor us with his views, by brief [490]*490or otherwise, although ample time was afforded.

The record reveals that claimant is a Negro female resident of Shreveport, Louisiana, who alleges she was born on May 14, 1915. She had previously given the year of her birth as 1917, 1920, and 1921. She completed the tenth grade and has been primarily employed as a maid, her most recent employment having been that of cleaning offices at night in a downtown office building. Her claimed disability stems from a fall which occurred on the job on December 20, 1961. Thereafter she attempted to work twice, but claims she felt unable to perform the duties required. Her chief complaints are nervousness, “fluttering heart,” high blood pressure, “blackout spells,” and back trouble with numbness of the arms and shoulders.

In order to prevail in her claim for benefits claimant must show that she was disabled within the meaning of sections 216(i) (1) and 223(c) (2) of the Act, 42 U.S.C. §§ 416(i) (1) and 423 (c) (2). Succinctly stated, the Act provides that for purposes of entitlement to disability insurance benefits, “disability” means inability to engage in any substantial gainful activity because of medically determinable physical or mental impairment which can be expected to continue for a long and indefinite period of time, or to result in death. Whether an impairment in a particular case constitutes a disability is determined from all the facts of the case. Primary consideration is given to the severity of the individual’s impairment. Consideration is also to be given to such other factors as the individual’s age, education, training and work experience. 20 CFR § 404.-1502.

Medical considerations alone may justify a denial of benefits when the impairment is a slight abnormality or a combination of slight abnormalities. Impairments which are so severe that they in fact prevent the individual from engaging in any substantial gainful activity must be established by medical evidence which shows a lack of ability to perform significant functions — such as moving about, handling objects, hearing or speaking — that such individual cannot, with his age, training, education, and work experience, engage in any kind of substantial gainful activity. 20 CFR § 404.1502.

It would indeed be difficult to consider and discuss the relevant medical evidence in more detail than did the Appeals Council; however, a brief summary is necessary for proper disposition. The earliest medical reports were furnished by Dr. Albert I. Clark, a general practitioner, who began treating claimant in July, 1961 for thyrotoxicosis (hyperactive thyroid gland, often called Graves’ disease). Dr. Clark indicated that the fall in December, 1961 aggravated claimant’s condition, which also included high blood pressure, a slightly enlarged heart, and tremor of the hands. From an examination as late as September 15, 1964 he believed her to be totally disabled since 1961, noting objective findings of blood pressure, 210/110, and pulse, 96.

Dr. E. T. Hilton, a general practitioner, saw claimant after her fall of December 20, 1961 and in his report of April 10, 1962 noted a diagnosis of diffuse hyperthyroidism and that she failed to respond to medication. He believed surgery was too dangerous at the time, and felt that claimant was unable to continue employment.

An internist, Dr. James W. Wilson, in consultation with Dr. Clark, from an examination of claimant on March 27, 1962, indicated that she was suffering from hyperthyroidism and hypertension, with secondary cardiac disease, making her a functional Class III. His opinion was not, however, based upon X-rays, EKGs, or laboratory diagnostic tests.

A more complete examination was performed on June 7, 1962 by Dr. Samuel L. Lieber, a specialist in internal medicine, who interpreted claimant’s EKG to be slightly abnormal. He also noted a mild cardiac enlargement on X-ray. His diagnosis was mild cardiac decompensation, Class I, with arteriosclerosis, associated [491]*491with thyrotoxicosis. Dr. Lieber felt claimant’s heart disease not to be disabling as long as her thyroid condition was controlled, but had to defer to an orthopedist for the claimed disabling effects of claimant’s back.

With respect to the complaints of back injury, Dr. Ford J. Macpherson, a specialist in orthopedics, examined claimant on June 13, 1962. This specialist found no X-ray evidence of orthopedic disability. Various reaction tests were performed, in addition, which led the doctor to state: “Examination reveals a slightly built 43 year old colored female who is grossly exaggerating and definitely malingering.” He attributed her nervousness to her thyroid disease and hypertension.

Examination on March 9, 1964 (being after denial of claimant’s application, but prior to the hearing before the hearing examiner) by Dr. John G. Wafer, a specialist in internal medicine, who, on X-rays, EKG, and other clinical evidence, found claimant to have Class II functional capacity, and be of the therapeutic classification, Class B. He noted mild enlargement of the heart, mild arterial hypertension and a toxic goiter.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
257 F. Supp. 488, 1966 U.S. Dist. LEXIS 6802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-gardner-lawd-1966.