Brown v. Harris

548 F. Supp. 399, 1982 U.S. Dist. LEXIS 15011
CourtDistrict Court, W.D. Missouri
DecidedAugust 31, 1982
DocketNo. 80-4066-CV-C-H
StatusPublished
Cited by1 cases

This text of 548 F. Supp. 399 (Brown v. Harris) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Harris, 548 F. Supp. 399, 1982 U.S. Dist. LEXIS 15011 (W.D. Mo. 1982).

Opinion

OPINION AND ORDER

ELMO B. HUNTER, Senior District Judge.

Plaintiff brings this action for review of a final decision of the Secretary of Health and Human Services, pursuant to 42 U.S.C. § 405(g). The Secretary denied plaintiff’s application for disability insurance benefits and supplemental security income. For the reasons discussed below, the Court affirms the decision of the Secretary.

Procedural History

Plaintiff filed her application for disability insurance benefits and for supplemental security income on May 7, 1979.1 After initial denial of benefits, plaintiff requested and was granted a hearing before an ad[401]*401ministrati ve law judge (ALJ). At the hearing, on November 9, 1979, the plaintiff appeared and testified. In addition, medical reports from various doctors were admitted into the record.

On December 31, 1979, the ALJ rendered his decision, finding plaintiff was not entitled to a period of disability or to disability benefits. Plaintiff requested that the Appeals Council review the ALJ’s decision. The Appeals Council concluded there was no basis for granting the requested review and the hearing decision became the final decision of the Secretary and subject to this Court’s review under 42 U.S.C. § 405(g).

Statutory Provisions
The pertinent statute states as follows: (a)(1) Every individual who—
(A) is insured for disability insurance benefits ...,
(B) has not attained the age of sixty-five,
(C) has filed application for disability insurance benefits, and
(D) is under a disability (as defined in subsection (d) of this section),
shall be entitled to disability insurance benefits.
# * * * * *
(d)(1) The term “disability” means—
(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months;
* * * it* * *
(2) For the purposes of paragraph (1)(A)— •
(A) an individual . . . shall be determined to be under a disability only if his physical or mental impairments are of such severity that he is not only unable to do his previous work, but cannot, considering his age, education, and work experience, engage in any other gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.
For purposes of the preceding sentence . . ., “work which exists in the national economy” means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.
* * sfc * * *
(3) For purposes of this subsection, a “physical or mental impairment” is an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.

42 U.S.C.A. § 423 (1974 & Supp.1982).

Standard of Review

Under 42 U.S.C. § 405(g), judicial review of the Secretary’s decision is limited to a determination of whether there is substantial evidence to support the decision. Substantial evidence has been defined by the Supreme Court as “what 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). See also, Celebrezze v. Bolas, 316 F.2d 498, 501 (8th Cir. 1963).

In determining whether the Secretary’s findings are supported by substantial evidence, this Court is required to consider the entire record. The Secretary’s findings and reasonable inferences drawn from them are conclusive if they are supported by substantial evidence. Klug v. Weinberger, 514 F.2d 423 (8th Cir. 1975); Fitzsimmons v. Mathews, 491 F.Supp. 423, 425 (W.D.Mo.1980).

Although the general rule is that the applicant for disability benefits has the burden of proving disability, the cases have broken this burden into two parts. The initial burden is on the claimant to show that he suffers from an impairment which [402]*402prevents him from engaging in his former work activity. Once he proves this, the burden of going forward with the evidence and of persuasion shifts to the Secretary to prove that there is some other type of substantial gainful activity which the claimant could perform. Brinker v. Weinberger, 522 F.2d 13, 17 (8th Cir. 1975); Timmerman v. Weinberger, 510 F.2d 439, 443 (8th Cir. 1975); Fitzsimmons v. Mathews, 491 F.Supp. 423, 425 (W.D.Mo.1980); Haskins v. Finch, 307 F.Supp. 1272, 1283 (W.D.Mo.1969).

There are two methods by which the determination of whether there is some other type of substantial gainful activity which the -claimant could perform is made. The traditional method is to have a vocational expert testify at the hearing. An alternative method is to follow the Medical-Vocational Guidelines, often called the “grid regulations,” contained in Appendix 2 of Sub-part P of Part 404, 20 C.F.R. § 404.1501 et seq. (1982). The use of these regulations was recently upheld by the Eighth Circuit Court of Appeals in the consolidated cases McCoy v. Schweiker, Stack v. Schweiker, and Desedare v. Schweiker, 683 F.2d 1138 (1982) (hereinafter McCoy). The ALJ in plaintiff’s case based his decision on the grid regulations.

In McCoy, the Eighth Circuit summarized the steps outlined in the regulation for the use of the grids.

First, a determination is made whether a disability claimant is currently engaged in substantial gainful activity; if so, he must be found not disabled.

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Related

Pryor v. Schweiker
568 F. Supp. 65 (W.D. Missouri, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
548 F. Supp. 399, 1982 U.S. Dist. LEXIS 15011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-harris-mowd-1982.