Brian Keith Jeffcoat v. Otis Bowen, Secretary of Health & Human Services

840 F.2d 592, 1988 U.S. App. LEXIS 2425, 1988 WL 14428
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 29, 1988
Docket87-1073
StatusPublished
Cited by11 cases

This text of 840 F.2d 592 (Brian Keith Jeffcoat v. Otis Bowen, Secretary of Health & Human Services) 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
Brian Keith Jeffcoat v. Otis Bowen, Secretary of Health & Human Services, 840 F.2d 592, 1988 U.S. App. LEXIS 2425, 1988 WL 14428 (8th Cir. 1988).

Opinion

McMILLIAN, Circuit Judge.

Brian Keith Jeffcoat appeals from a final judgment entered in the District Court for the Western District of Missouri granting summary judgment in favor of the Secretary of Health and Human Services (hereinafter the Secretary). Jeffcoat v. Bowen, No. 85-4067-CV-C-5 (W.D.Mo. Nov. 19, 1986). For reversal Jeffcoat argues that the Secretary’s decision that he is not disabled is not supported by substantial evidence on the record. We agree and reverse the judgment of the district court and remand with directions to award benefits.

Jeffcoat filed an application for Supplemental Security Income Disability benefits on August 12, 1983, on the basis of a severe hearing loss and a learning disability. At the time he was 18 years old and a senior in high school. Jeffcoat’s application was denied at the initial stage and again on reconsideration. Following a hearing, an administrative law judge (ALT) concluded that Jeffcoat was not disabled and was able to perform several jobs that were available in large numbers in the national economy. The appeals council affirmed the ALJ’s decision and Jeffcoat appealed to the district court.

The district court granted Jeffcoat’s motion for summary judgment because a hypothetical question submitted to the vocational expert did not set forth all of Jeff-coat’s impairments. 1 The district court remanded the case to the Secretary for further proceedings.

Following a second hearing in November 1985, the AU again found that Jeffcoat was not disabled. The appeals council accepted the AU’s decision, and Jeffcoat again appealed to the district court. The district court concluded that the Secretary’s decision that Jeffcoat was not disabled was supported by substantial evidence on the record and granted the Secretary’s motion for summary judgment. At 8. The district court denied Jeffcoat’s motion for summary judgment. Id. This appeal followed.

This court must sustain the Secretary’s determination that an applicant is not disabled if that decision is supported by substantial evidence on the record as a whole. E.g., Alexander v. Weinberger, 536 F.2d 779, 784 (8th Cir.1976). Substantial evidence is defined as such evidence that a reasonable person might accept as adequate to support a conclusion. E.g., Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); McMillian v. Schweiker, 697 F.2d 215, 220 (8th Cir.1983).

Medical Evidence

The undisputed medical evidence established that Jeffcoat was born with a moderately severe, bilateral sensori-neural hear *594 ing loss. An audiological test administered in August 1983 revealed borderline severe, sensori-neural hearing impairment of the right ear and a moderate sensori-neural hearing impairment of the left ear. With a proper hearing aid and proper background noise conditions, Jeffcoat’s speech reception threshold is 85% of normal conversational speech levels.

Jeffcoat's hearing loss was not diagnosed until he was about nine years old, although he began to experience difficulty when he was approximately four years old. In January 1969 a psychiatrist diagnosed him as “borderline record compatible with the clinical history of brain damage implicating principally the left temporal region” and suggested that he was hallucinating. Jeffcoat has been given a number of intelligence (IQ) tests. On a Wechsler Intelligence Scale for Children test administered in November 1977, Jeffcoat attained a full scale IQ of 80. In September 1983, on an updated test of the same type, Jeffcoat obtained a full scale IQ score of 93.

Donna Haley, a clinical instructor at the University of Missouri Medical Center, Department of Psychiatry, testified as an expert witness on behalf of Jeffcoat. Haley had worked with both adults and children with learning disabilities. In response to a hypothetical question, she stated that a person with a severe hearing loss that is not diagnosed in the first five years of life would have permanent deficiencies in language development. Even if the hearing loss was later completely corrected, the language deficiency would never be completely corrected: vocabulary would be limited, language structure impaired, language comprehension low, sentence structure restricted, and reading ability retarded. Haley also testified that hearing-impaired people quite often have learning disabilities. She found that Jeffcoat exhibited some of the symptoms of the learning disabled: problems with time and space, sequencing of acts, inability to pay attention, and high distractability. She believed that these problems could not be solved by simply working with a speech pathologist or by attending college. Instead, Jeffcoat would require a special technical-vocational training program. Haley believed that Jeffcoat would be employable in three to four years if these special technical-vocational services were provided.

Dr. Joe Ray, a child psychologist, issued a report dated April 10, 1984, which concluded that Jeffcoat’s impairments “can limit his comprehension of spoken and written language and also may create problems for him socially and emotionally.” Dr. Ray also found Jeffcoat to have a “low average intellect with impaired language ability, an impaired attention span, and a general inability to handle abstract language ideas.”

Lisa Renner, a clinical audiologist at the University of Missouri Medical Center, in a letter dated November 15, 1985, noted that audiological testing is done in a sound suite with acoustical tile and thus the test results reflect the patient’s hearing under optimum conditions. She believed that Jeffcoat’s hearing loss in normal, everyday settings is probably more severe than the tests show and that Jeffcoat would be unable to hear work instructions unless background noise was kept to an absolute minimum and he could see the speaker’s face. According to Renner, Jeffcoat’s prelingual hearing loss affected both his speech and language development and therefore he has problems with both written and oral instructions and is unable to carry out tasks as assigned. Renner also stated that virtually all hearing-impaired children show increased activity, inattentiveness, a short attention span, an inability to stay on task, and an inability to carry tasks through to completion. These behaviors frequently continue into adulthood.

Dr. Arthur Smith testified at the second hearing as a vocational expert on behalf of the Secretary. In response to a hypothetical question, Dr. Smith stated that “a person with Jeffcoat’s deficiencies would be capable of entry-level positions such as mail clerk, mail sorter, payroll clerk, file clerk, cashier, companion, and domestic clerk.” Dr. Smith conceded, however, that if Haley’s testimony concerning Jeffcoat’s inability to stay on task was correct, then Jeffcoat would be unemployable.

Non-medical Evidence

Jeffcoat testified at both hearings. At the first hearing in 1984, he stated that he *595

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

Related

Becker v. Astrue
676 F. Supp. 2d 813 (S.D. Iowa, 2009)
Hartman v. Astrue
592 F. Supp. 2d 1100 (S.D. Iowa, 2009)
Hansen v. Massanari
145 F. Supp. 2d 1054 (S.D. Iowa, 2001)
Peterman v. Chater
946 F. Supp. 734 (N.D. Iowa, 1996)
Atkinson v. Bowen
864 F.2d 67 (Eighth Circuit, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
840 F.2d 592, 1988 U.S. App. LEXIS 2425, 1988 WL 14428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-keith-jeffcoat-v-otis-bowen-secretary-of-health-human-services-ca8-1988.