Boozer v. Celebrezze

238 F. Supp. 701, 1964 U.S. Dist. LEXIS 6905
CourtDistrict Court, W.D. South Carolina
DecidedSeptember 8, 1964
DocketNo. CA/4316
StatusPublished
Cited by3 cases

This text of 238 F. Supp. 701 (Boozer v. Celebrezze) is published on Counsel Stack Legal Research, covering District Court, W.D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boozer v. Celebrezze, 238 F. Supp. 701, 1964 U.S. Dist. LEXIS 6905 (southcarolinawd 1964).

Opinion

WYCHE, District Judge.

This is an action asking the District Court to review a final decision of the Secretary of Health, Education and Welfare, in accordance with § 205(g) of the Social Security Act (42 U.S.C.A. § 405 (g)). The decision of the Secretary denied the plaintiff the period of disability and disability insurance benefits for which he applied.

The plaintiff met the special earnings requirements during the effective period of the application, and continued to meet such requirements through September 30, 1963. On the basis of his application filed on April 12, 1962, the evidence must establish that the plaintiff was under a disability, as defined in the Act beginning on or before July 1, 1962, for entitlement to disability insurance benefits, and on or before July 12, 1962, for establishment of a period of disability.

The question before this Court is whether or not the record reveals substantial evidence to sustain the decision of the Secretary.

I may not substitute my judgment for that of the Secretary and may not reverse the decision of the Secretary on the ground that, based on my reappraisal of the evidence, I would have reached a different result. Kraynak v. Flemming (CA 3, 1959) 283 F.2d 302; Meola v. Ribicoff (S.D.N.Y., 1962) 207 F.Supp. 658. The substantial evidence doctrine limits the scope of my review to the issue of whether, viewing the record as a whole, there is substantial evidence to support a reasoned determination of the Hearing Examiner after all the evidence supporting, as well as opposing, his conclusion has been taken into account. Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456; Meola v. Ribicoff, supra. In such examination, however, the Court “must not abdicate the conventional judicial function.” Brown v. Celebrezze (E.D. S.C., 1962) 210 F.Supp. 692, 694.

“Substantial evidence” means more than a mere scintilla — it means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Consolidated Edison Co. of New York v. NLRB, 305 U.S., 197, 59 S.Ct. 206, 83 L.Ed. 126; Haxton v. Flemming, D.C., 183 F.Supp. 2. In order to determine the sufficiency of the evidence, in terms of the Social Security Act, the Court must scrutinize the record as a whole and the Court must assume responsibility for the reasonableness and [703]*703fairness of the decision. Shields v. Folsom, D.C., 153 F.Supp. 733; Brown v. Celebrezze, supra.

Plaintiff was born May 30, 1906. He quit school when he was in the tenth grade and went to work, first on the farm, and later in 1923, when he was seventeen years old, went to work in the carding room of a textile mill. He has worked continuously since that time in the carding room of different mills until 1958, except for three years when he drove a truck for a construction company, and when he was in the navy for one month and two days. He was medically discharged from the navy on account of fiat feet. In May or June, 1958, his supervisor at the mill told him that it looked like he was not able to run his job and suggested that he take some time off. He had been in the Veterans’ Hospital several different times for stomach trouble and a hernia. He did not work for about two months and then returned to work and worked until sometime in August, 1958, when he was fired because he could not meet production. He has not worked since that time.

Plaintiff says that he has a nervous condition, that he has nervous vomiting spells about twice a week, that he feels nauseated all of the time, that he gets upset at any little thing, that he avoids crowds, does not like much fuss, that he stays by himself most of the time, that his stomach feels “jumpy-like” inside, that he takes tranquilizers occasionally, they seem to quiet him for a little while, that he has ulcerated stomach which started in 1950, that he has been to the Veterans’ Hospital about five times and the doctors there say that he has spasmatic stomach, that he has had arthritis in his back and legs for the last five years and sometimes in his shoulders, that it hurts and pains him and he gets stiff, that he takes Anaein for it and his wife rubs him with linament, that he has flat feet and cannot stand on his feet longer than fifteen or twenty minutes, that they feel like they are breaking in two, that they seem to be bothering him more in the last three or four years, that he has worn steel arch supports but he has discarded them because they were not doing him any good; in 1943, when he was discharged from the navy, the doctors told him that a steel arch support would do his feet more harm than good, and after that he wore Knapp shoes that have a soft arch built in and they seemed to help him but right now he is wearing ordinary shoes; that he has poor circulation in his legs and arms; that he is dizzy and some days it is so bad he has one dizzy spell right after the other; he has an enlarged' gland on the right side in his scrotum that gives him a lot of trouble.

As to his activities, he says that he helps cut the lawn but that he lies around, the house most of the time watching television and reading a little, that he does-not do any housework but fixes his wife’s, supper and helps wash the dishes. He lives with his wife who works in the sewing room of a textile mill.

The wife of the plaintiff says that her husband has been unable to work since 1950, but that he continued to workup until 1958, when he was fired by his-, employer because he could not meet production; that her husband was sent to-the State Hospital in September, 1958,. when he went “all to pieces”, he attempted to commit suicide and broke-out the-windows in the back room and completely demolished the furniture in the room; she says her husband is nauseated all of the time, that his mouth stays dry, that he takes tranquilizers as well as Maalox and Anaein upon doctor’s orders; that-he forgets and is unable to remember even for a short period of time; that he does-nothing around home except to lie about, the house and that he helps prepare a meal occasionally; that when she comes home from work he follows her around the house like a child.

A neighbor of the Boozer’s says that she has seen Mr. Boozer regularly over the period of the last fifteeen years and that she knows in the past three to four years he has been in serious physical condition and has been physically disabled to work; that she sees Mr. Boozer peri[704]*704odically from time to time each week and that she knows he is physically unable to do any work of any sort around the house, in the yard or elsewhere; that during the past three to four years she has not seen him at any time do any physical work of any sort.

Plaintiff’s family physician, Dr. V. W. Rinehart, in reports dated December 10, 1959, and April 26, 1962, makes the following diagnosis, ulcerated stomach, extreme nervousness, arthritis from the waist down, vertigo, sinus trouble, generalized arteriosclerosis, poor circulation in lower extremeties, and enlarged gland in right side of scrotum.

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Related

Fuerst v. Secretary of Health, Education and Welfare
354 F. Supp. 185 (S.D. New York, 1973)
Wooten v. Celebrezze
259 F. Supp. 685 (D. South Carolina, 1966)
Rutledge v. Celebrezze
240 F. Supp. 474 (W.D. South Carolina, 1965)

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Bluebook (online)
238 F. Supp. 701, 1964 U.S. Dist. LEXIS 6905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boozer-v-celebrezze-southcarolinawd-1964.