Bruce W. Anderson v. Louis W. Sullivan, M.D., Secretary of Health & Human Services

911 F.2d 731, 1990 U.S. App. LEXIS 23867, 1990 WL 116539
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 13, 1990
Docket89-6438
StatusUnpublished

This text of 911 F.2d 731 (Bruce W. Anderson v. Louis W. Sullivan, M.D., Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruce W. Anderson v. Louis W. Sullivan, M.D., Secretary of Health & Human Services, 911 F.2d 731, 1990 U.S. App. LEXIS 23867, 1990 WL 116539 (6th Cir. 1990).

Opinion

911 F.2d 731

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Bruce W. ANDERSON, Plaintiff-Appellant,
v.
Louis W. SULLIVAN, M.D., Secretary of Health & Human
Services, Defendant-Appellee.

No. 89-6438.

United States Court of Appeals, Sixth Circuit.

Aug. 13, 1990.

Before KENNEDY and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.

PER CURIAM.

Claimant Bruce W. Anderson appeals from the district court's judgment1 which affirmed the Secretary of Health and Human Services' denial of Anderson's claim for a period of disability and disability insurance benefits under the Social Security Act as amended. For the following reasons we affirm the judgment of the district court.

I.

Anderson filed his application for disability insurance benefits and supplemental security income on August 12, 1986, alleging that he became disabled and unable to work on March 3, 1981, due to lung disease, arthritis, poor vision, hypertension, back pain, gastrointestinal disease, mental illness, and a stroke.2 The Secretary of Health and Human Services (Secretary) denied claimant's applications on October 29, 1986. The Secretary denied claimant's applications upon reconsideration on December 9, 1986. Dissatisfied with the Secretary's determinations, Anderson requested a hearing before an Administrative Law Judge (ALJ). This hearing was held on December 14, 1987.

On April 25, 1988, the ALJ issued his decision. The ALJ determined that: (1) Anderson retained the residual functional capacity to perform his former work (as a night watchman) prior to March 3, 1988; and (2) Anderson has been disabled since March 3, 1988. Consequently, the claimant's application for Supplemental Security Income was granted with an onset date of March 3, 1988. However, because the claimant had failed to prove disability prior to December 31, 1986 (the expiration date of Anderson's insured status), his claim for disability insurance benefits was denied. The ALJ's decision became the Secretary's final decision when the Appeals Council denied Anderson's request for review on September 23, 1988.

Anderson filed a civil action in the Eastern District of Kentucky, pursuant to 42 U.S.C. Secs. 405(g) and 1383(c)(3), seeking judicial review of the Secretary's decision. On September 18, 1989, the district court issued its Memorandum Opinion which affirmed the administrative decision and granted the Secretary's motion for summary judgment. Claimant thereafter filed this timely appeal.

The following evidence was introduced at the December 14, 1987 hearing.

Claimant was born on February 18, 1931, and was 55 years old when he applied for disability insurance benefits and supplemental security income on August 12, 1986. Anderson completed the seventh grade and thereafter worked, most recently as a night watchman. Claimant last worked in March, 1981, alleging disability beginning March 3, 1981, due to lung disease, arthritis, poor vision, hypertension, back pain, gastrointestinal disease, mental illness, and a stroke.

Dr. Bruce A. Guberman examined the claimant on March 5, 1983, pursuant to Anderson's complaints of stomach pain, lower back pain, and high blood pressure. Dr. Guberman noted that the claimant's "[r]ange of motion of all extremities is completely normal," adding that Anderson's "intellectual functioning and mental status are normal." Although the claimant's blood pressure was 140/100, Dr. Guberman noted that there was no evidence of end-organ disease. After diagnosing chronic obstructive pulmonary disease, degenerative joint disease, amblyopia of the right eye, and hypertension, Dr. Guberman concluded:

[Anderson] is obese and there is no evidence of weight loss or wasting. The patient has chest pains which are related to the esophageal reflux. These are not anginal in nature. The patient also reports a five-ten year history of shortness of breath. There is evidence of obstructive airway disease on physical examination. However, the patient is comfortable in the supine and sitting positions. There is no clinical evidence of congestive heart failure.... There is evidence of degenerative joint disease but there is no joint swelling or capsule thickening. The patient's gait is normal. There are no range of motion abnormalities in the lower back or any other joints. There is no evidence of nerve root compression as all deep tendon reflexes are brisk, and all sensory modalities are well-preserved.

Furthermore, x-rays requested by Dr. Guberman, and evaluated by Dr. Alex Poulos, revealed that the heart and vessels were within normal limits, the lung fields were clear, and the lumbar spine showed no evidence of fracture, dislocation, or other pathological bone or joint changes.

Dr. Syed Ikramuddin examined the claimant on July 8, 1983. Although noting that Anderson was "incapacitated at this time because of his hypertension," Dr. Ikramuddin concluded that claimant could perform "very light work." Furthermore, Dr. Ikramuddin's medical report, after incorrectly noting that Anderson was 62 years old, failed to discuss Anderson's hypertension-related symptoms whatsoever. In fact, Dr. Ikramuddin noted:

No loss of appetite. No loss of weight. Bowels have been regular. Micturition normal. Appetite has been good.

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* * *

Patient well nourished.... Vision 20/20 with glasses. General condition fair. No lymphadenopathy. JVP normal. Heart sounds 1 and 2 normal. No murmers. Lungs clear to ausculation, no adventitious sounds. Thyroid normal. Heent normal. Blood pressure 140/90.... Abdominal exam soft, no masses felt. Has a lower right paramedial scar for appendectomy done many years ago quite satisfactorily. No weaknesses of the hernial sites. No abdominal bruit. Peripheral pulse is satisfactory. Neurological exam within normal limits. No motor weakness. No sensory loss. Lumbar spine--no tenderness elicited at this time. Movement satisfactory. Gallbladder sonogram normal. UGI series normal. Chest x-ray normal.

Dr. Ralph W. Hess examined the claimant on August 26, 1980, and again on May 2, 1983. At the latter examination, Anderson's blood pressure measured 142/82, his EKG was normal, and the claimant "voiced no complaints." Dr. Hess merely advised the claimant to continue his medication.

The claimant was examined by Dr. Bashir Ameji on September 20, 1983, and again on October 4, 1983. Though Dr. Ameji concluded that Anderson was not "in any gainful condition for employment," the doctor's report erroneously listed the claimant's age as 62, and noted that Anderson was "alert, conscious, well-oriented to place and time and [able to] answer all of [my] questions well." Furthermore, though Dr.

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911 F.2d 731, 1990 U.S. App. LEXIS 23867, 1990 WL 116539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-w-anderson-v-louis-w-sullivan-md-secretary-o-ca6-1990.