Brown v. Secretary of Health and Human Services

740 F. Supp. 28, 1990 U.S. Dist. LEXIS 8017
CourtDistrict Court, D. Massachusetts
DecidedJune 26, 1990
DocketCiv. A. 88-0005-F
StatusPublished
Cited by8 cases

This text of 740 F. Supp. 28 (Brown v. Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Secretary of Health and Human Services, 740 F. Supp. 28, 1990 U.S. Dist. LEXIS 8017 (D. Mass. 1990).

Opinion

MEMORANDUM AND ORDER

FREEDMAN, Chief Judge.

I. INTRODUCTION

This case is before the Court pursuant to section 205(g) of the Social Security Act (“the Act”), 42 U.S.C. § 405(g), which provides for judicial review of any final decision by the Secretary of Health and Human Services (“the Secretary”) with regard to an individual’s entitlement to benefits. In March 1984, plaintiff Edward Brown filed for disability insurance benefits and period of disability insurance benefits under the Act. The application was denied, and the plaintiff appeared at a hearing conducted by an Administrative Law Judge (“ALJ”), who determined in June 1985 that the plaintiff was not disabled. In September 1985, the Secretary’s Appeals Council issued an order which rescinded the ALJ’s determination, and ordered that a new initial determi *30 nation be made in light of new regulations dealing with mental impairments.

Upon reconsideration, the AU held another hearing during which the plaintiff testified to his continuing disability. In September 1987, the AU again determined that the plaintiff was not disabled. The plaintiff requested that the Appeals Council review the AU’s decision, and submitted additional evidence regarding his mental impairment. After reviewing the additional evidence, the Appeals Council approved the AU’s decision in December 1987, making it the final decision of the Secretary.

In January 1988, the plaintiff filed a complaint in this Court, alleging that the Secretary’s decision was not supported by substantial evidence. In June 1988, the Secretary filed an answer to the plaintiff’s complaint alleging that the Secretary’s administrative decision is supported by substantial evidence, and seeking dismissal of the plaintiff’s complaint.

The plaintiff then filed a motion for judgment on the pleadings in August 1989.' The Secretary responded with a motion for an order affirming the decision of the Secretary and an accompanying memorandum in September 1989. Also in September 1989, the plaintiff filed a memorandum in opposition thereto.

II. FACTS

A. Plaintiffs Testimony

The plaintiff graduated from high school, served in the United States Navy for four years, and graduated from a two-year technical college course which specialized in air conditioning and refrigeration. Administrative Record (“A.R.”) at 39. He stated that he worked as a plumber until 1980, and has been unable to obtain a new job due to back pain. A.R. at 40. During the 1985 hearing, the plaintiff gave a detailed description of his pain, stating that it is constant in his back and right leg. A.R. at 41. During the 1987 hearing, the plaintiff stated that the lower back pain extended “mostly in my left leg.” A.R. at 89.

The plaintiff stated that because of the pain, he needed the help of a neighbor in order to wash his dishes and laundry. A.R. at 106. Yet, he acknowledged that he had helped relatives in New York move furniture and install linoleum in 1986. A.R. at 100, 353. He rejected the opportunity to work in a sheltered setting with Goodwill Industries, stating that “[i]t looked like everything there [was] for retarded people so I didn’t do it. I didn’t see anything there that I liked.” A.R. at 48.

The plaintiff testified during hearings that he was able to drive an automobile, A.R. at 38 and 97, that he drives to weekly therapy sessions, A.R. at 65, and that he had driven himself to the administrative hearing. A.R. at 38. He stated that he had become involved in an accident in 1983 while “taking too much Elavil.” A.R. at 55. In response to a question posed by the AU during the 1987 hearing, the plaintiff stated that “I don’t really know” whether the medication interfered with driving. A.R. at 97.

The plaintiff's testimony regarding his emotional problems recounts two suicide attempts. A.R. at 45. Fortunately, the plaintiff was dissuaded in both instances and he did not suffer any physical harm. A. R. at 45-46. He was hospitalized at the Baystate Medical Center for the emotional illness. A.R. at 44. During the 1987 hearing he reported being treated monthly by a psychiatrist, Dr. Honeyman, and weekly by a psychologist, Judith Stone, A.R. at 103, and that he participated in weekly group therapy sessions. A.R. at 104.

B. Medical Evidence

In August 1983, the plaintiff complained of back pain caused by injuries attributed to an accident which occurred while he was riding in a taxicab. X-rays found no acute injury; however, anti-arthritic medication was prescribed for what was diagnosed as exacerbation of pre-existing muscle and ligament sprains. A CAT scan found no evidence of disc rupture. A.R. at 167, 196 (letters of Drs. Linson and Lynn). Dr. Lynn recommended the plaintiff “be as physically active as possible.” A.R. at 170.

*31 The plaintiff was admitted to Baystate Medical Center in September 1983 for treatment of “increased depression and suicidal thoughts.” The plaintiff was distressed by back pain, marital and financial problems, and he stated that his father had committed suicide at the age of forty-three. Although still depressed upon discharge, the plaintiff was found to be “obese, alert, generally cooperative, fully oriented without psychotic or acute suicidal ideation.” A.R. at 169. Psychological testing indicated “somatic symptoms” and a “tendency to develop physical symptoms under stress,” with a “moderate risk for suicide.” A.R. at 171-72 (report of Elizabeth Hess, Ph.D.).

Following his release from the hospital, the plaintiff began participating in the treatment program offered by the Community Care Center in Springfield. Although he appeared depressed during his intake interview in October 1983, the plaintiff was described as appropriately dressed and groomed, and cooperative, with no hallucinations or suicidal thoughts. The plaintiff was “not considered disabled and is in fact able to take care of himself.” A.R. at 177 (report of Paul D. Shore-Suslowitz, Ed. D.).

A psychiatrist’s reports of therapy sessions conducted between October 1983 and October 1984 indicate that plaintiff’s emotional state was more stable although sometimes depressed, with only occasional “fleeting periods of suicidal ideation.” A.R. at 185-95 (reports of D. Honeyman, M.D.). A regimen of anti-depressant drugs was prescribed. Dr. Honeyman continued to prescribe anti-depressant drugs during the period running from September 1986 through October 1986, A.R. at 371-74, when the plaintiff was described as “goal directed and relevant.” A.R. at 374.

In January 1984, the plaintiff was admitted to a pain management program at Providence Hospital. Muscle examinations revealed that the plaintiff had “very little” abnormality and “certainly ... no sciatica.” The final diagnosis was chronic low back strain, and “it was clear that [the plaintiff’s] chief problem was depression.” A.R. at 197-98 (report of Dr. Brendler).

The plaintiff was hospitalized at the Baystate Medical Center for depression and “psychogenic back pain” during May and June 1984, following another suicide threat.

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Bluebook (online)
740 F. Supp. 28, 1990 U.S. Dist. LEXIS 8017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-secretary-of-health-and-human-services-mad-1990.