Brown v. Sullivan

737 F. Supp. 497, 1990 U.S. Dist. LEXIS 5906, 1990 WL 63179
CourtDistrict Court, C.D. Illinois
DecidedMay 14, 1990
DocketNo. 88-1230
StatusPublished
Cited by1 cases

This text of 737 F. Supp. 497 (Brown v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Sullivan, 737 F. Supp. 497, 1990 U.S. Dist. LEXIS 5906, 1990 WL 63179 (C.D. Ill. 1990).

Opinion

ORDER

MIHM, District Judge.

Before the Court are a Motion by the Plaintiff for summary reversal (# 9-1) and a Motion by the Defendant for summary affirmance (# 17-1) of a final decision of the Secretary of the Department of Health and Human Services denying disability benefits to the Plaintiff. This Court grants the Plaintiff’s Motion for Summary Reversal (# 9-1) and denies the Defendant’s Motion for Summary Affirmance (# 17-1). The Court reverses and remands the decision of the Secretary and orders that further action be taken in accordance with the findings of this opinion.

PROCEDURAL BACKGROUND

On September 3, 1986, the Plaintiff filed applications for disability insurance benefits and Supplemental Security Income benefits, alleging that he had been disabled since December 2, 1980, due to seizures and alcoholism. (AR 73-76)1. Both applications were denied initially (AR 71) and on reconsideration (AR 79). An Administrative Law Judge (ALJ) considered the case de novo, and on October 15, 1987, found that the Plaintiff had demonstrated that he had been disabled, within the meaning of the Social Security Act, since September 3, 1986. (AR 16-17). Since the Plaintiff met the insured status requirements of the Act only through March 31, 1984, the AU further found that he was eligible only for Supplemental Security Income benefits under Title XVI of the Act and not for disability insurance benefits under Title II of the Act. (AR 16 — 17)2. The AU found that the Plaintiff met the requirements for Supplemental Security Income benefits under Title XVI of the Act under Listing 12.02 and 12.09. This decision of the AU became the final decision of the Secretary when the Appeals Council denied review on June 3, 1988. (AR 3-4). Thereafter, the Plaintiff filed a timely complaint for administrative review in this Court.

BACKGROUND FACTS

The medical evidence in the record indicates that the Plaintiff was treated for non-specific urethritis3 in February 1975, at which time the Plaintiff complained of urinary frequency and noted a pattern of heavy drinking. (AR 164-165). Continued heavy drinking was reported in the examination notes of the Memphis Health Center in the months of January and February of 1976 (AR 171-175), although the results of a neurological examination were within [500]*500normal limits. (AR 175). During the later examinations, Plaintiff complained of seizures for which Dilantin and Phenobarbital were prescribed. (AR 171-173). The Plaintiff was subsequently treated for alcoholism at the Tennessee Psychiatric Hospital Alcohol and Drug Clinic from March 16 through March 26, 1976. This treatment was granted by request as an alternative to incarceration for driving while intoxicated. (AR 176-177).

On April 25, 1977, the Plaintiff underwent a neuropsychiatric examination by Dr. Justin Adler, at which time the Plaintiff complained of headaches, nervousness, and seizures, and he reported that the seizures were being controlled by medication which he had started using approximately five years before. (AR 178-180). The Plaintiff further reported a history of “using alcohol occasionally to excess,” but noted that “at the present time” he did not “drink much.” (AR 179). Dr. Adler noted that the Plaintiff was of average intellectual endowment without any significant disturbances. Specifically, Dr. Adler found no evidence of paranoia, delusions, hallucinations, obsessions, or tendencies toward elation or depression, and further found no evidence of atrophy, dystrophy, neuromus-cular disturbances, or sensory abnormalities. Electroencephalographic (EEG)4 testing was normal and negative for the presence of a seizure disorder or encephalopa-thy5 (AR 181), and Dr. Adler expressed doubt that epilepsy was involved. (AR 180). Dr. Adler opined that the Plaintiff retained the functional capacity for employment as long as he abstained from alcohol. (AR 180).

The next recorded examination of the Plaintiff is contained in a report dated December 26, 1978, by Dr. Glenn Horton, an internist. (AR 197-201). Plaintiff again indicated that he had stopped drinking. (AR 200). Testing was negative for alcoholic neuropathy or cirrhosis of the liver. Results of physical and neurological examinations were all within normal limits, and the Plaintiff was described as oriented in all spheres without abnormal thought content or tremors. In Dr. Horton’s view, there appeared to be a “disproportion in symptoms and findings,” since the Plaintiff “does not appear to be particularly ill” and demonstrated “very little in terms of medical impairment.” (AR 198-199). Dr. Horton opined that the Plaintiff retained the functional capacity for “any type of prior industrial activity” except for working with moving machinery and moving vehicles, the latter caveat being attributable to the Plaintiff’s allegations of a seizure disorder. (AR 200).

The Plaintiff was thereafter rechecked for complaints of seizures and headacheá on January 3, 1979 and for a urinary complaint on March 5, 1979. (AR 183). The results of these examinations are not recorded.

The Plaintiff’s condition from March 5, 1979 through September 29, 1986 is wholly undocumented, and the Plaintiff’s next recorded medical contact consists of a consul-tive examination by Dr. Donald E. Hurd on September 29, 1986. (AR 186-188)6. Dr. Hurd noted that the Plaintiff’s daily activities included self-care, watching television, and socializing. (AR 186). The Plaintiff’s full-scale I.Q. score of 76 on the Wechsler Adult Intelligence Scale was said to be in the borderline mentally retarded range. The Plaintiff’s verbal I.Q. was 78 and his performance I.Q. was 75 with a full-scale I.Q. of 76. Dr. Hurd commented that the Plaintiff’s verbal facilities gave the impression that he might be more capable than present scores would indicate. The Plaintiff scored an I.Q. of 85 on the Peabody Picture Vocabulary Test. (AR 187). Dr. Hurd questioned whether, “considering his [501]*501lifestyle,” the Plaintiff could manage his own funds. (AR 187).

The Plaintiff underwent a second consulting examination on October 8, 1986, which was conducted by Dr. Richard A. Brady, a psychiatrist. (AR 189-193). The Plaintiff indicated that he started drinking at the age of 21 and that he now drank frequently, but not on the day of the interview or on a daily basis. He reported that he had been hospitalized twice, both times prior to his move to Illinois in 1980, and he stated that he was told in 1968 or 1969 that he had cirrhosis of the liver and just six months to live. The Plaintiff described a wide range of activities and social involvements, including extensive reading, playing pool, eating out at restaurants, and the performance of yard work and odds-and-ends jobs (which might indicate that he could perform household chores without assistance). He further stated that he wanted to work but that he had difficulty finding employment, and he stated that he was intermittently depressed, though not most of the time. Dr. Brady noted the absence of delusions and hallucinations or suicidal ideation. Also, he found that the plaintiff was oriented in all his mental spheres and had fair immediate memory. He did have some deficiencies in recent and remote memory. Further, Dr. Brady described the Plaintiff’s intelligence as below average but not mentally retarded. His diagnosis was alcohol dependence, generalized anxiety disorder, and atypical organic brain syndrome.

Dr.

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Lloyd v. Secretary of Health & Human Services
876 F. Supp. 996 (N.D. Illinois, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
737 F. Supp. 497, 1990 U.S. Dist. LEXIS 5906, 1990 WL 63179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-sullivan-ilcd-1990.