Bulpett v. Heckler

617 F. Supp. 850, 1985 U.S. Dist. LEXIS 15891
CourtDistrict Court, D. Massachusetts
DecidedSeptember 17, 1985
DocketCiv. A. 84-2551-Y
StatusPublished
Cited by3 cases

This text of 617 F. Supp. 850 (Bulpett v. Heckler) 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
Bulpett v. Heckler, 617 F. Supp. 850, 1985 U.S. Dist. LEXIS 15891 (D. Mass. 1985).

Opinion

MEMORANDUM AND ORDER

YOUNG, District Judge.

The plaintiff Polly Bulpett (“Bulpett”) brought this action to obtain judicial review of a final decision of the Secretary of Health and Human Services (“the Secretary”) denying Bulpett’s application for Social Security disability benefits. The Secretary found that Bulpett suffered from physical impairments associated with gastrointestinal problems, arthritis, and hypertension, but that these impairments were not disabling. Bulpett argues that this determination is not supported by substantial evidence and is based on several erroneous conclusions of law.

I.

Bulpett is a 51 year old woman, with a high school education, who has worked as a payroll clerk, waitress, and dental assistant. In 1966, Bulpett developed severe gastrointestinal problems and stopped working. She initially applied for disability benefits on December 22, 1969, alleging disability due to ulcerative colitis (Tr. 96), and was awarded benefits for a period beginning in November 1966. According to the disability determination by the Department of Health, Education and Welfare, medical evidence showed that Bulpett suffered a combination of impairments including “inflammatory disease of terminal ileum and possibly colon, probable regional ileitis plus erythema nodosum.” Clinical findings included “spiking fevers, bloody stools, cramps, and recurring, severe fatigue” and x-rays were “consistent with regional enteritis.” (Tr. 28)

Bulpett continued to receive disability benefits from November 1966 until March 1981, when it was determined upon review of the medical evidence that her disability had ceased in January 1981. That decision was upheld by an Administrative Law Judge on September 30, 1981, and later affirmed by the Appeals Council.

On May 17, 1983, Bulpett reapplied for disability benefits, alleging disability due to gastrointestinal disorders, gallstones, hypertension, back problems, and a low potassium level. (Tr. 146-49) Her application was denied initially and again upon reconsideration. Bulpett requested a hearing on her claim, and one was held before an Administrative Law Judge on January 20, 1984. The Administrative Law Judge found that Bulpett was not disabled and denied her application on January 31, 1984. On June 20, 1984, the Appeals Council de *852 nied Bulpett’s request to reopen the case, and thus the decision of the Administrative Law Judge became the final decision of the Secretary.

II.

A district court reviewing a decision of the Secretary must determine whether the decision is supported by substantial evidence and conforms to statutory requirements. Geoffroy v. Secretary of HHS, 663 F.2d 315, 319 (1st Cir.1981). The relevant statute defines a disabled individual as one who is unable:

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____

42 U.S.C. § 423(d)(1)(A) (1982). Section 423 (d)(2)(A) further provides that an individual:

shall be determined to be under a disability only if his physical or mental impairment or 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 kind of substantial gainful work which exists in the national economy____

Id. § 423(d)(2)(A).

The Secretary has promulgated regulations that employ a series of tests to determine whether a claimant is disabled. 20 C.F.R. § 404.1520 (1985). See Goodermote v. Secretary of HHS, 690 F.2d 5, 6 (1st Cir.1982). In particular, the Social Security Administration asks five questions in the following order:

First, is the claimant currently employed? If so, the claimant is automatically considered not disabled.

Second, does the claimant have a severe impairment? A “severe impairment” means an impairment which “significantly limits his or her physical or mental capacity to perform basic work-related functions.” 20 C.F.R. § 404.1521 (1985). If the claimant does not have a severe impairment, the claimant is automatically considered not disabled.

Third, does the claimant have an impairment equivalent to one specifically listed in the regulations’ Appendix 1? If so, the claimant is automatically considered disabled.

These first three tests are threshold “medical” tests. If the claimant is found to have a severe impairment (test 2) but that impairment is not equivalent to one listed in Appendix 1 (test 3), the agency goes on to the fourth and fifth questions, which apply “vocational” tests:

Fourth, does- the claimant’s impairment prevent him from performing work of the sort he has done in the past? If not, he is not disabled. If so, the agency asks the fifth question.

Fifth, does the claimant’s impairment prevent him from performing other work of the sort found in the economy? If so, he is disabled; if not, he is not disabled. Goodermote v. Secretary of HHS, 690 F.2d at 6-7.

In applying these last two “vocational” tests, the claimant has the burden of proving that he is disabled under the fourth test; that is, he must prove that his disability is serious enough to prevent him from working at his former jobs. However, the Secretary bears the burden of showing that the claimant has not satisfied the fifth test; that is, the Secretary must show the existence of other jobs in the national economy that the claimant can perform. Id. at 7.

III.

In this appeal, Bulpett argues that the Administrative Law Judge “concluded that [Bulpett] did not have a severe impairment,” thereby suggesting that the Court’s inquiry should focus on the second test stated above — that is, does the claimant have a “severe impairment?” Although the decision of the Administrative Law Judge is not a model of clarity, a close examination of the decision indicates that, *853 in fact, the Administrative Law Judge went beyond the three threshold tests, having found that “the claimant’s impairments are severe [but] do not meet or equal the criteria of the Listings found in Appendix 1.” (Tr. 70) The Administrative Law Judge thus moved on to the “vocational” tests. Although the Administrative Law Judge made no specific finding under the fourth test, he concluded, presumably under the fifth test, that Bulpett retained the functional capacity to perform a light level of work and could perform a variety of jobs found in the economy.

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Cite This Page — Counsel Stack

Bluebook (online)
617 F. Supp. 850, 1985 U.S. Dist. LEXIS 15891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bulpett-v-heckler-mad-1985.