Black v. Heckler

588 F. Supp. 1355, 1984 U.S. Dist. LEXIS 24717, 6 Soc. Serv. Rev. 673
CourtDistrict Court, N.D. Illinois
DecidedJuly 30, 1984
DocketNo. 83 C 7584
StatusPublished

This text of 588 F. Supp. 1355 (Black v. Heckler) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black v. Heckler, 588 F. Supp. 1355, 1984 U.S. Dist. LEXIS 24717, 6 Soc. Serv. Rev. 673 (N.D. Ill. 1984).

Opinion

ORDER

BUA, District Judge.

The instant action was instituted by plaintiff pursuant to 42 U.S.C. § 405(g) to review a final decision of the Secretary of the Department of Health and Human Services (the Secretary) terminating plaintiff’s disability insurance payments under Title II of the Social Security Act. Before the Court are the plaintiff’s Motion for Summary Judgment or, in the alternative, for a Remand to the Secretary, and the defendant’s Motion for Summary Judgment. For the reasons stated herein, both Motions for Summary Judgment are denied and the Motion for Remand is granted.

BACKGROUND

Ms. Black is a 52-year-old woman with an eighth grade limited education who has worked for 18 years as a hotel maid. In April, 1981, Black was found to be disabled within the meaning of the Social Security Act by an Administrative Law Judge (ALJ). [1356]*1356This disability was retroactive to June 30, 1979. According to the AU’s decision, Black suffered from the following disabling impairments:

1. A trimalleolar fracture of the left ankle which required surgery and had not become full weight-bearing within one year;
2. Chest pain and a hypersensitive heart condition;
3. Schizophrenia, chronic type, and borderline psychotic symptoms; and
4. Severe pain and numbness in the left ankle.

The AU concluded that the combination of exertional and nonexertional impairments lasted over a year and was severe and disabling and prevented Black from engaging in substantial gainful work.

In August, 1982, Black was informed by the Social Security Administration that her period of disability had ceased. The formal cessation determination stated that as of June, 1982, Black had no psychiatric impairment, no end-organ damage from hypertension, and that although her left ankle showed osteoarthritic changes on x-ray, Black was able to move about and was capable of performing unskilled work of the “light” exertional level such as laundry folder and clothes steamer.

In September, 1982, Black’s requested reconsideration of cessation of disability payments was denied. Pursuant to Black’s request, a hearing was held before an AU in March, 1983, at which Black and her attorney appeared. The AU determined that Black’s disability insurance payments had properly been terminated. In so concluding, the AU found:

... 3. That claimant suffers from the impairments of pain from ankle fracture, limitation of motion of the left ankle, crepitations of the knees with limitation of motion, hypertension, anxiety, and depression, but that none of these impairments is now or has been severe since June, 1982 ...

This decision became the final decision of the Secretary in August, 1983, when the Appeals Council denied Black’s request for review. Black now seeks review in this Court of the Secretary’s decision.

DISCUSSION

A district court’s review of a decision by the Secretary in a disability benefits case is limited to a determination of whether substantial evidence is present in the administrative record to support the Secretary’s decision. Whitney v. Schweiker, 695 F.2d 784, 786 (7th Cir.1982). 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 (1971). The Court has the ability to affirm, modify or reverse the Secretary’s decision and has the option of remanding the cause for a rehearing. 42 U.S.C. § 405(g).

Black’s general argument is that the Secretary’s finding that Black’s period of disability has ceased is not supported by substantial evidence. Black specifically focuses on the myriad of medications that she has been taking continually since her disability began. Black contends that the AU failed to evaluate the effect that these medications have on her ability to work. Black also contends that the AU ignored the findings of the Secretary’s own examiner regarding Black’s mental problems and unreasonably concluded that there is no evidence of psychiatric impairment. Finally, Black contends that the AU made no findings as to the combined effect of her individual impairments on her ability to work.

In response to these three specific points, the Secretary contends that the administrative record is devoid of any evidence indicating a restriction on the use of the medication that Black takes. The Secretary also contends that there is substantial evidence to support the conclusion that Black’s psychiatric impairment is no longer severe. Finally, the Secretary argues that a consideration of Black’s individual impairments does not necessarily lead to a continuation of disability benefits.

[1357]*1357In reviewing the administrative record and the AU’s decision, this Court finds that a reasonable mind would not accept the evidence as adequate to support the AU’s conclusion that Black is capable of performing work of a “light” exertional level, such as her past work as a hotel maid. See Richardson, 402 U.S. at 401, 91 S.Ct. at 1427. This Court agrees with Black’s three arguments listed above and finds that these reasons require this Court to remand the matter to the AU. These three reasons for remand shall be discussed in detail.

With respect to the first reason, the record shows that Black was prescribed numerous medications between the time of the initial disability approval and the cessation hearing. While the list of specific medications is extensive,1 the two most notable prescriptions are Aldomet, for high blood pressure, and Valium, for hypertension.

The record contains references to the side effects of Aldomet and Valium, the particular negative effects that they have on Black, and the necessity of increasing the prescription dosages. A form submitted by Black at the AU hearing in March, 1983 noted that the side effect of Aldomet and Valium is drowsiness. The Physician’s Desk Reference (PDR) substantiates that both drugs have this stated side effect.2 PDR, 38th Ed., pp. 1233 and 1673-74 (1984). Dr. Fuh, Black’s physician at Fantus Health Center, reported that Black suffered from drowsiness and dizziness as an effect from Aldomet. The AU refers to this evidence in his cessation decision. At the cessation hearing Black testified that the medication makes her sleepy and drowsy and that her activities since June, 1979 have been limited to watching television and reading the Bible. Black’s cessation hearing statement and the initial AU’s decision granting disability noted that Black had to be prescribed stronger medication to control multiple chest and leg pains.

Inquiring into the effect that prescribed medications have on a Social Security disability claimant is essential for determining a person’s ability to work. Floyd v. Schweiker, 550 F.Supp. 863, 867-868 (N.D.Ill.1982).

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Stewart v. Harris
509 F. Supp. 31 (N.D. California, 1980)
Floyd v. Schweiker
550 F. Supp. 863 (N.D. Illinois, 1982)

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Bluebook (online)
588 F. Supp. 1355, 1984 U.S. Dist. LEXIS 24717, 6 Soc. Serv. Rev. 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-heckler-ilnd-1984.