Bradley v. Bowen

800 F.2d 760
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 9, 1986
DocketNo. 85-1658
StatusPublished
Cited by21 cases

This text of 800 F.2d 760 (Bradley v. Bowen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. Bowen, 800 F.2d 760 (8th Cir. 1986).

Opinion

HEANEY, Circuit Judge.

Calvin Bradley appeals from a district court decision affirming the Secretary of Health and Human Services’ denial of disability insurance benefits. For reversal, Bradley argues that the administrative law judge (AU) failed to follow procedural guidelines and to fully apply the substantive law. Bradley also argues that the AU failed to give due consideration to his medical and psychological impairments, separately and in combination. We reverse.

Calvin Bradley is a fifty-five-year-old man with a graduate equivalency degree and approximately four months of college training. He worked as a billing clerk from 1964 to 1969 and as a meter reader from 1969 to February 15, 1980, at which time he alleges he became disabled because of a heart condition. His initial claim for disability benefits was denied at all administrative levels, but the district court remanded with instructions that the AU obtain for Bradley consultative general medical and general psychiatric examinations. After the subsequent supplemental hearing, the AU found that Bradley suffered from sinus bradycardia, symptomatic; chronic obstructive pulmonary disease; depression; premature ventricular beats; and macrocytic anemia. The AU, however, concluded that Bradley was not disabled.

He does suffer from a severe impairment which is not a listed impairment and is not the equivalent of a listed impairment. A careful evaluation of the entire evidence reflects that Mr. Bradley retains the residual functional capacity to engage in at least sedentary work as that term is defined in the Social Security Regulations (which involves sitting, a certain amount of standing and walking, and lifting no more than 10 pounds at a time). This permits the performance of his past relevant work as a billing clerk for a utility company. He does have nonexertional impairments consisting of a depressive illness with neurotic tendencies and pain and discomfort; however, these are not such as would reduce his residual functional capacity to the point that he would not be able to engage in his past work activity.

Calvin Bradley, recommended decision at 10 (June 21, 1983).

Bradley bore the initial burden of proving that he was disabled within the [762]*762meaning of the Social Security Act. Parsons v. Heckler, 739 F.2d 1334, 1339 (8th Cir.1984); McCoy v. Schweiker, 683 F.2d 1138, 1146-47 (8th Cir.1982). He first asserts that he met this burden by proving he suffered from an impairment listed in appendix 1, 20 C.F.R. pt. 404, subpt. P (1985), and thus was entitled to an automatic finding of disability regardless of his personal background or work experience. See Florer v. Heckler, 777 F.2d 1321 (8th Cir.1985); 20 C.F.R. § 404.1520(d) (1985). Specifically, Bradley contends he suffered from a severe cardiac impairment as described by section 4.00 of that appendix.1 Social Security regulations, however, list specific medical findings, ensuring the appropriate degree of severity, which must be met if a claimant’s impairment is to qualify for appendix 1 automatic disability. 20 C.F.R. § 404.1525(d) (1985); see 20 C.F.R. pt. 404, subpt. P, app. 1, § 4.01 (1985). The AU found that Bradley’s impairment was not of the necessary severity. After a careful review of the record, we find substantial evidence to support this conclusion.

Bradley contends that even if his impairment did not qualify under appendix 1, he established that he was unable to perform his past relevant work, shifting the burden to the Secretary to show other jobs in the economy he was capable of holding. See e.g., Conley v. Bowen, 781 F.2d 143, 146 (8th Cir.1986); Tucker v. Heckler, 776 F.2d 793, 795 (8th Cir.1985). We agree. The evidence in the record that Bradley is incapable of performing sedentary work is overwhelming.

First, there is no reason to disregard the claimant’s testimony with respect to his inability to perform sedentary work. His work record through 1979 was excellent. His testimony was corroborated by his wife, and no witness testified that his daily activities were other than stated by claimant and his wife. He has been treated by the Veterans Administration on a regular basis since 1980 and takes a variety of prescribed medications including Quinidine, Ascriptin, Dipyridamole, Isosorbide, Inderal and Folic Acid daily.

Second, competent medical testimony supports the claimant’s assertion that he is unable to perform sedentary work in the competitive work place. Dr. Kimber M. Stout stated on August 27, 1981:

Mr. Bradley has a clinically important rhythm disturbance and that activity worsens it. This could be potentially lethal for him. Therefore his exercise level must be restricted. This certainly disables him as regards performance of any job activity which he would otherwise be qualified for. Since this is a chronic problem it would appear that disability is permanent. My opinion is that his functional capacity is an early Class III and his therapeutic classification is Class C. ******
[H]e is suffering from chronic depression as well as heart disease. The depression may have been caused or aggravated by the limitations and anxiety from his heart disease.

Dr. Henry G. Hanley reported on February 11, 1981:

Very frequent PVC’s with bigeminy and trigeminy, couplets and several episodes of 3 PVC’s in a row (ventricular tachycardia). No episodes sustained longer than 3 in a row and symptoms don’t correlate with episodes of ventricular tachycardia.

Dr. Thomas W. Atkinson reported on August 12, 1982:

Patient was admitted with emotional instability thought to be secondary to Procan. Procan SR was stopped and Quinidine was started. The patient remained asymptomatic through all the bigeminy, trigeminy and PVC focuses. Rhythm was irregularly irregular with monitor showing 60 beats per minute but [763]*763pulse occasionally showed only 30 beats per minute.
******
Patient is being discharged home with his wife, is to return to Cardiology Clinic 9-16-86 at 8: a.m. with an EKG, also patient is to return to General Medicine Clinic on that same date if possible to followup on his macrocytosis[.] Discharge medications Quinidine 400 qid, Inderal 40 mg qid, Isordil 40 mg q 4 hrs., DSS 250 mg q AM, Ascriptin 2 bid, Per-santine 50 mg tid.

Dr. B. Vickers, on July 27, 1982, reported: CHEST: Moderate emphysema. Chest otherwise negative.

Dr. R. Shehane reported on July 22, 1982: Frequent unifocal PVC’s and occasional short runs of bigeminy are recorded.

Dr. Stout filed a second report on March 10, 1983, in which he stated:

Mr. Bradley was seen here 8-27-81 for cardiac evaluation[.] Since that time Mr.

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Bradley v. Bowen
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Bluebook (online)
800 F.2d 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-bowen-ca8-1986.