Brown v. Bowen

845 F.2d 1211, 1988 U.S. App. LEXIS 5836, 1988 WL 39802
CourtCourt of Appeals for the Third Circuit
DecidedMay 2, 1988
DocketNo. 87-3659
StatusPublished
Cited by502 cases

This text of 845 F.2d 1211 (Brown v. Bowen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Bowen, 845 F.2d 1211, 1988 U.S. App. LEXIS 5836, 1988 WL 39802 (3d Cir. 1988).

Opinion

OPINION OF THE COURT

COWEN, Circuit Judge.

I.

The Secretary of Health and Human Services (“HHS”) appeals from a district court order awarding Timothy E. Brown disability benefits under the Supplemental Security Income program. The Secretary had previously found Brown to not be disabled under this program, and the district court order reversed the Secretary’s determination. Because we conclude that the Secretary’s original determination that Brown was not disabled was supported by substantial evidence, we reverse the order of the district court.

II.

Timothy Brown is 21 years old. He attended school through the ninth grade as a special education student. He is borderline mentally retarded,1 and suffers from an epileptic seizure disorder.2 He claims that [1213]*1213these conditions have rendered him disabled since September 22,1979, and that he is thus entitled to disability insurance benefits under the SSI program.

Brown filed an application for SSI benefits on November 16, 1985.3 His application was denied, both initially and on reconsideration, by the Office of Disability Operation of the Social Security Administration. These denials were predicated upon an initial finding, and a finding upon reconsideration of the Pennsylvania State Agency that Brown was not disabled within the meaning of the Social Security Act (the “Act”). The state agency considered reports submitted by physicians and disability examiners.

Brown’s case was considered de novo by an administrative law judge (“AU”), who held a hearing on June 12, 1986. The claimant was represented by an attorney at the hearing, and presented his own testimony and the testimony of his stepfather. The AU also considered a variety of psychological, medical and hospital reports, and other evidence. The AU concluded that Brown’s seizure disorder did not meet the relevant “listing” in the Secretary’s regulations, 20 C.F.R. Part 404, Subpart P, Appendix 1, § 11.02 (epilepsy) (1987), and also found that Brown retained the ability to engage in gainful employment existing in the national economy. He thus found him not to be disabled. Brown appealed the AU’s decision, and on September 19, 1986, the Appeals Council denied Brown’s appeal.

Brown then filed an action in the United States District Court for the Western District of Pennsylvania seeking review of the Secretary’s decision pursuant to 42 U.S.C. § 1383(c)(3) (1982). The district judge, by memorandum and order dated June 26, 1987, found that the Secretary’s determination that Brown’s mental retardation did not render him disabled was supported by substantial evidence, but that his determination that Brown’s seizure disorder did not meet the applicable “listing” was not supported by substantial evidence. The district court also found that the Secretary failed to examine Brown’s nonexertional limitations before denying benefits. The court thus entered judgment in favor of Brown. The Secretary appeals to this Court.

III.

Our standard of review in this case is whether there is substantial evidence in the record to support the Secretary’s decision. Stunkard v. Secretary of Health and Human Services, 841 F.2d 57, 59 (3d Cir.1988); Doak v. Heckler, 790 F.2d 26, 28 (3d Cir.1986). Substantial evidence has been 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) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 216, 83 L.Ed. 126 (1938)). It is more than a mere scintilla of evidence but may be less than a preponderance. Stunkard, 841 F.2d at 59.

A person seeking Social Security (or SSI) disability benefits must demonstrate that he suffers from “an impairment that prevents him from engaging in ‘any substantial gainful activity’ for a statutory twelve-month period.” Kangas v. Bowen, 823 F.2d 775, 777 (3d Cir.1987) (quoting 42 U.S.C. § 423(d)(1) (1982)). He must show that there is a medically determinable basis for the impairment. Kangas, 823 F.2d at 777.

A claimant may make such a showing in one of two ways. First, he can introduce medical evidence that he suffers from one or more of the serious impairments delineated in 20 C.F.R. Part 404, Subpart P, Appendix 1 (1987). If he can demonstrate that he suffers from one of the “listed” impairments, he is considered disabled per se. Kangas, 823 F.2d at 777. Second, a claimant can demonstrate that although he does not suffer from a “listed” impairment, he has an impairment severe enough that [1214]*1214he can not engage in any “substantial gainful work which exists in the national economy.” 42 U.S.C. § 423(d)(2)(A).

One seeking benefits under this second method must demonstrate the existence of a medically determinable disability that prevents him from returning to his former employment. Once a claimant has done this, “the burden shifts to the Secretary to demonstrate that given the claimant’s age, education, and work experience, the claimant is capable of performing substantial gainful work activity in the national economy.” Stunkard, 841 F.2d at 59. In order to demonstrate that the claimant is capable of performing such work, the Secretary must prove that the claimant retains the residual functional capacity to work on a “regular and continuing basis.” Id. (quoting Kangas, 823 F.2d at 777). The Secretary must take into account exertional limitations, such as a claimant’s ability to meet strength requirements for lifting, pushing, or pulling, 20 C.F.R. § 404.1545(b), and nonexertional limitations, which include both mental impairments, 20 C.F.R. § 404.1545(c), and others, such as sensory impairments, epilepsy, and postural and manipulative limitations. 20 C.F.R. § 404.1545(d).

IV.

This case presents two distinct issues. The first is whether the Secretary’s finding that Brown’s seizure disorder does not meet the applicable “listing”, 20 C.F.R. Part 404

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Bluebook (online)
845 F.2d 1211, 1988 U.S. App. LEXIS 5836, 1988 WL 39802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-bowen-ca3-1988.