Brown v. Apfel

990 F. Supp. 714, 1998 WL 21938
CourtDistrict Court, S.D. Iowa
DecidedJanuary 16, 1998
DocketNo. Civ. 3-97-CV-90037
StatusPublished

This text of 990 F. Supp. 714 (Brown v. Apfel) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Apfel, 990 F. Supp. 714, 1998 WL 21938 (S.D. Iowa 1998).

Opinion

MEMORANDUM OPINION AND ORDER

PRATT, District Judge. .

Plaintiff, Patricia A. Brown, filed a Complaint in this Court on February 19, 1997, seeking review of the Commissioner’s decision to deny her claim for a period of disability and disability insurance benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq., 1381 et seq.. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g). For the reasons set out herein, the decision of the Commissioner is reversed and the Commissioner is ordered to award benefits.

BACKGROUND

Plaintiff filed an application for disability .benefits on May 20, 1994. Her application was denied initially and upon reconsideration. After a hearing, Administrative Law Judge Jean M. Ingrassia (ALJ) issued a decision on March, 18, 1996, denying benefits. On December 13, 1996, the Appeals Council denied Plaintiffs request for review. Plaintiff filed this Complaint on February 19,1997.

STANDARD OF REVIEW

When reviewing a. denial of benefits, we will uphold the Secretary’s final decision if it is supported by substantial evidence on the record as a whole. 42 U.S.C. § 405(g); Whitehouse v. Sullivan, 949 F.2d 1005, 1006 (8th Cir.1991). Substantial evidence is that which a reasonable mind might accept as adequate to support the Secretary’s conclusion, Whitehouse, 949 F.2d at 1006 (Citing Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971)). In assessing the substantiality of the evidence, we must consider evidence that detracts from the Secretary’s decision as well as evidence that supports it. Locher, 968 F.2d at 727 (citing Baker v. Heckler, 730 F.2d 1147, 1150 (8th Cir.1984)). We may not, however, reverse the Secretary’s decision “merely because substantial evidence would have supported an opposite decision.” Id. (quoting Baker, 730 F.2d at 1150).

Woolf v. Shalala, 3 F.3d 1210, 1213 (8th Cir.1993). In making this inquiry, a court should neither consider a claim de novo nor abdicate its function to carefully analyze the entire record. Brinker v. Weinberger, 522 F.2d 13, 16 (8th Cir.1975).

In Gavin v. Heckler, 811 F.2d 1195, 1199 (8th Cir.1987) then Chief Judge Donald P. Lay explained the difference between the “substantial evidence” review and “substantial evidence on thé record as a whole” review. Judge Lay wrote:

In the review of an administrative decision, “[T]he substantiality of evidence must take into account whatever in the record fairly detracts from its weight.” Universal Camera Corp. v. National Labor Relations Bd., 340 U.S. 474, 488, 71 S.Ct. 456, 464, 95 L.Ed. 456 (1951). Thus, the court must also take into consideration the weight of the evidence in the record and apply a balancing test to evidence which is contradictory. See Steadman v. Securities and Exchange Commission, 450 U.S. 91, 99, 101 S.Ct. 999, 1006, 67 L.Ed.2d 69 (1981). -It follows that the only way a reviewing court can determine if the entire record was -taken into consideration is for the district court to evaluate in detail the evidence it used in making its decision and how any contradictory evidence balances out.

[717]*717As will be shown below, although there is some substantial evidence in the record to support the ALJ’s decision, when the evidence which detracts from that decision is taken into account, the ALJ’s decision is not supported by substantial evidence on the record as a whole.

ALJ’S FINDINGS

Plaintiff last met the earnings requirement of the Act at the end of December, 1997. Tr. at 127. That is to say, Plaintiff must prove that she became disabled on or before that date. Grebenick v. Chater, 121 F.3d 1193, 1196 (8th Cir.1997). The ALJ, following the sequential evaluation found at 20 C.F.R. § 404.1520, found, at the first step, that Plaintiff has not engaged in substantial gainful activity since October 30, 1992. At the second step, the ALJ found that Plaintiff has severe impairments: dysthymic disorder, degenerative joint disease, and hypertension. At the third step, the ALJ found that none of Plaintiff’s impairments are severe enough to meet or equal any of the impairments listed in Appendix 1, Subpart P, Regulations No. 4. Tr. at 24. At the fourth step, the ALJ found that Plaintiff is able to do her past relevant work as a general office helper. Tr. at 25.

DISCUSSION

PAST RELEVANT WORK

The ALJ found that Plaintiff is able to do her past relevant work as a general office helper, and therefore was not disabled. Plaintiff argues that the record does not support a finding that Plaintiff worked as a general office helper of flee helper during the 15 year period relevant to this case. The Court agrees. In Groeper v. Sullivan, 932 F.2d 1234, 1238-39 (8th Cir.1991), the Court wrote:

This court has held, in accord with Ruling 82-62, that an ALJ has an obligation to “fully investigate and make explicit findings as to the physical and mental demands of a claimant’s past relevant work and to compare that with what the claimant herself is capable of doing before he determines that she is able to perform her past relevant work.” Nimick v. Secretary of Health and Human Servs., 887 F.2d 864, 866 (8th Cir.1989). Accord Kirby, 923 F.2d at 1326-27. The ALJ’s failure to fulfill this obligation requires reversal. Id. at 1327.
The ALJ must also make explicit findings regarding the actual physical and mental demands of the claimant’s past work____A conclusory determination that the claimant can perform past work, without these findings, does not constitute substantial evidence that the claimant is able to return to his past work. Id. at 1327.

In the case at bar, the record contains no evidence, whatsoever, to support a finding that Plaintiff has ever

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Steadman v. Securities & Exchange Commission
450 U.S. 91 (Supreme Court, 1981)
Shalala v. Schaefer
509 U.S. 292 (Supreme Court, 1993)
Soth v. Shalala
827 F. Supp. 1415 (S.D. Iowa, 1993)
Davis v. Callahan
985 F. Supp. 913 (S.D. Iowa, 1997)
Bradley v. Bowen
660 F. Supp. 276 (W.D. Arkansas, 1987)
Marlise Grebenick v. Shirley S. Chater
121 F.3d 1193 (Eighth Circuit, 1997)

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990 F. Supp. 714, 1998 WL 21938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-apfel-iasd-1998.