Billips v. Richardson

344 F. Supp. 812, 1972 U.S. Dist. LEXIS 13021
CourtDistrict Court, W.D. Virginia
DecidedJune 28, 1972
DocketCiv. A. No. 71-C-104-A
StatusPublished
Cited by1 cases

This text of 344 F. Supp. 812 (Billips v. Richardson) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Billips v. Richardson, 344 F. Supp. 812, 1972 U.S. Dist. LEXIS 13021 (W.D. Va. 1972).

Opinion

WIDENER, Chief Judge.

On February 24, 1970, Eugene Earl Billips applied for Social Security Disability Insurance Benefits. At the time of his application, Billips stated that the disability preventing him from working was: “Sugar, legs stiff, feel bad.” He stated that he became unable to work in 1955 due to these disabilities.

On April 17, 1970, Billips was notified that the Social Security Administration had determined that his condition was not considered disabling within the meaning of the law on any date through December 31, 1965, which was the last day on which he met the earnings requirement.

On April 29, 1970, Billips requested reconsideration of the decision to deny him disability benefits. He stated as his reason for disagreement with the determination : “I am unable to work.” He submitted as additional evidence, to be considered upon reconsideration, a medical report from Dr. G. B. Kegley.

On October 1, 1970, Billips was notified by the Bureau of Disability Insurance of the Social Security Administration that the previous decision denying him benefits was proper under the law.-

On December 3, 1970, Billips’ attorney requested a hearing before a hearing examiner of the Bureau of Hearings and Appeals. He stated as his reason for requesting the hearing: “Mr. Billips has [813]*813been unable to engage in substantial gainful activity since on or before 12/31/65. Benefits should be awarded based on additional evidence hereby submitted.” The hearing was held on February 3, 1971 in Bluefield, West Virginia. Billips appeared and was represented by his attorney. Ethel Billips, Billips’ sister, William J. Ramsey, his brother-in-law, and Dr. D. M. Wayne, director of the Bluefield Mental Health Clinic, also appeared and testified. Dr. Wayne also has a written report in the record.

The hearing examiner announced his decision on March 5, 1971, which was essentially that Billips’ impairments, as of December 31, 1965, did not prevent him from engaging in substantial gainful activity for any continuous period of at least twelve months. The examiner, in his six-page decision, made the following specific findings:

“1. The claimant, on February 24, 1970, filed a valid application for disability insurance benefits.
2. The claimant last met the special earnings requirements for disability insurance benefit purposes on December 31, 1965.
3. The claimant was born on February 26, 1915; is 55 years of age; has a seventh grade education; worked as a laborer in a powder plant and as a self-employed farmer. He continues his light farm activities to the present time.
4. • The claimant’s physical impairments, diabetes mellitus controlled on insulin and diabetic diet, questionable bronchitis and emphysema, would not preclude claimant from engaging in the simple laboring tasks he formerly did, and is presently doing, on the farm.
5. The nervous system impairment of the claimant is not mentioned or indicated in the case record until October, 1970, even though claimant had been treated by his family physician for more than 24 years, at 3-month intervals, with the last reported examination on March 10, 1970, giving no indication of any nervous impairment. The hearing examiner concludes this nervous system impairment, if existent as of December 31, 1965, was not of the level of severity that would have prevented him from doing his previous work on a farm. The claimant has demonstrated this by actually operating the farm from 1955 to 1960 and reporting self-employment income which has been credited and shown on his social security earnings record. Also, claimant testified he is performing some farm work even at the present time.
6. The claimant’s impairments, as of December 31, 1965, did not prevent him from engaging in substantial gainful activity for any continuous period of at least 12 months.”

Additional evidence was filed after the decision, the principal items of which are reports from Dr. Leslie J. Borbley, a psychiatrist and the director of the Beekley Mental Health Center, and from Dr. G. B. Kegley, the family doctor. The Appeals Council, after receiving the additional evidence, affirmed the examiner.

An action was then filed in this court to obtain judicial review of the Secretary’s decision under the provisions of 42 U.S.C. § 405(g) (§ 205(g) of the Social Security Act). The case is now here on cross motions for summary judgment.

The record contains a report dated March 10, 1970 prepared by Dr. G. B. Kegley, an otolaryngologist, who apparently was also in general practice. Dr. Kegley reported of Billips: “Has been a known diabetic since 1953. Takes insulin daily and can do only very light work around farm.” His diagnosis was:

(1) Diabetes Mellitus
(2) Possible Chronic Bronchitis
(3) Possible Emphysema

Billips was hospitalized from August 4, 1964 to August 9, 1964 due to a diabetic coma. He was discharged markedly improved.

[814]*814On October 22, 1970, Billips was given a neuro-psychiatric examination and a psychological evaluation at the Bluefield Mental Health Center in Bluefield, West Virginia. Dr. D. M. Wayne, a psychiatrist, reported that Billips was brought to the office with a relative and stated: “We do not think that this individual could have come to the office by himself. The patient seemed to be in another world during the clinical interview.” Several of the evaluation tests were not reported because Billips could not understand the instructions. Dr. Wayne reported several of the tests administered showed Billips to suffer from a chronic brain syndrome. His report gave the following diagnostic impression:

(1) Non-psychotic chronic brain syndrome, severe, chronic
(2) Mild mental retardation, I.Q. of 61.

Dr. Wayne stated in his report that Billips was an extremely poor prospect for any type of employment or any type of vocational rehabilitation services. He stated: “We would not be surprised at all if this patient were to need to be in a psychiatric hospital or in a rest home for the rest of his life.” Dr. Wayne indicated that Billips’ psychiatric impairment existed prior to December 31, 1965 and that he should be considered incompetent to handle his own funds.

In his oral testimony, Dr. Wayne re- ■ lated the history of the plaintiff. The plaintiff has obviously been mentally retarded from childhood. He contracted diabetes, and was instructed by various medical people as to how to administer his own insulin injections he was required to take for the disease. Being unable to understand, because of his mental state, how to properly administer his own medication, which fact was not understood by those instructing him, Billips has been the subject of many instances of insulin reactions from improperly administered injections which have caused permanent brain damage. The brain damage was thus superimposed on an already retarded mentality. Among the uncontradicted, unexplained, and undenied statements of Dr. Wayne which were given little or no weight by the Secretary are the following:

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Related

Deville v. Secretary of Health, Education & Welfare
368 F. Supp. 574 (W.D. Louisiana, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
344 F. Supp. 812, 1972 U.S. Dist. LEXIS 13021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billips-v-richardson-vawd-1972.