Charles Luttrell Combs v. John W. Gardner, Secretary of Health, Education and Welfare

382 F.2d 949, 1967 U.S. App. LEXIS 5050
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 25, 1967
Docket17189_1
StatusPublished
Cited by41 cases

This text of 382 F.2d 949 (Charles Luttrell Combs v. John W. Gardner, Secretary of Health, Education and Welfare) 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
Charles Luttrell Combs v. John W. Gardner, Secretary of Health, Education and Welfare, 382 F.2d 949, 1967 U.S. App. LEXIS 5050 (6th Cir. 1967).

Opinion

JOHN W. PECK, Circuit Judge.

Appellant brought this action in the United States District Court for the Eastern District of Kentucky under section 205(g) of the Social Security Act, 42 U. S.C. § 405(g), following the final decision of the Secretary disallowing appellant’s application for disability insurance benefits and for a period of disability pursuant to sections 223 and 216 (i) of the Act respectively. The District Court held that the Secretary’s findings that appellant was not disabled within the meaning of the Act were supported by substantial evidence, and dismissed the action. Appellant here seeks review of the District Court’s determination.

Appellant was a forty-one year old man with an eighth grade education at the time he filed his application for disability benefits and a period of disability on April 30, 1963. The alleged impairments *951 set forth in the application consist of arthritis of the spine and a nervous condition.

As a relatively younger man, appellant’s employment consisted primarily of heavy manual labor, loading coal by hand in the mines for several years, and thereafter working with a railroad section crew for approximately nine and one-half years. While working for the railroad in 1952, appellant suffered a skull fracture when a piece of slate which was thrown from a railroad car struck him in the head, and, as his family doctor stated in a report to the Social Security office, “he has never been up to par since.”

Although claimant complained of headaches, and neck and back pains following the 1952 accident, he returned to work at the railroad. Because he “just kept getting worse and worse, the burning in back of my head, my back — ,” appellant quit this job in 1954. In 1958, appellant started work as a cemetery caretaker, cutting grass with a power mower and cleaning markers. After being laid off this job in the latter part of 1961 for business reasons unconnected with his health or ability to work, appellant was employed as custodian, or janitor, of a local high school where he did no heavy work. On December 27, 1962, appellant quit work at the school because of his alleged impairments, and he has not been employed since.

Claimant’s principal complaints are pains in the lower back, head and neck, nervousness, and shortness of breath. Although appellant testified that he had never injured his back, he explained that the pain now originates near a lump to the right side and a little below the base of the neck and spreads “into the back of my head and then spreads down towards the back.” The pain allegedly commences whenever appellant exerts himself, except for “real light” work, and he starts shaking, his back and legs become numb, he becomes dizzy and occasionally he will “pass out,” or fall into a semiconscious state. Complaints somewhat similar to these were diagnosed as “post-concussion syndrome” in 1952.

Four witnesses testified on behalf of appellant at the administrative hearing: a co-worker at the high school, a neighbor, and two brothers who are also neighbors. Of these witnesses, all but one of the brothers stated that they had personally observed incidents where appellant passed out and had to be helped home, the neighbor having observed this on three or four occasions. Appellant’s co-worker testified to an incident occurring when this witness was working day shifts at the school and appellant the night shift, where he came to work on the morning of December 27, 1962 (the last day appellant worked), found appellant in a semiconscious condition unable to move or help himself, and then, with the assistance of his son whom he called, took appellant to the hospital. Appellant explained that this last spell started while he was mopping and waxing the floors.

The sole issue before this court is whether there is substantial evidence on the record as a whole to support the Secretary’s findings that appellant is not “disabled” within the meaning of the Social Security Act. 42 U.S.C. § 405(g). A claimant is thus disabled whenever he 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 has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. §§ 416(i), 423. In accordance with this statutory definition, it is apparent that the existence of an impairment does not in and of itself warrant compensation under the Act.

Turning to the medical evidence, Dr. Pigman, a general practitioner who attended appellant prior to his applicatioi for benefits, diagnosed appellant’s im pairments as post-compression syndrome, nervousness (severe), arthritis of spine, elbow, shoulders and fingers, and psychoneurosis. Dr. Pigman also noted tachycardia and “some respiratory disturbances,” both of which he attributed to the nervousness. Appellant’s condition was considered static and Dr. Pigman con- *952 eluded that appellant would “never regain his status for work and must be classified as permanently disabled.”

Dr. Williams, who also saw appellant prior to his application for benefits, by report dated February 5, 1963, diagnosed appellant’s ailments as “post-concussion syndrome, some emphysema of the lungs and probably hypertrophic arthritis of the spine with severe psychoneurosis with conversion and anxiety symptoms.” Dr. Williams concluded that appellant was “disabled for work, possibly permanently, but certainly for a period of months.”

Attached to Dr. Williams’ report of February 5, was a copy of a consultation he did on appellant on June 22, 1959, at which time appellant was hospitalized with a “spontaneous pneumo-thorax on the right with about 70% collapse of the lung.” A hospital report from Mt. Mary Hospital shows that a “thuracintisis” 1 was performed in 1959 and appellant’s condition on discharge was improved. As indicated above, appellant continues to complain of some respiratory difficulties.

Dr. Keith, a neurological specialist, examined appellant on July 1, 1963. With respect to appellant’s back, Dr. Keith noted:

“He has good flexion and is able to touch his toes and has good extension and lateral bending. The jugular compression test is negative. The straight leg raising test is negative. There is no atrophy of either calf. There is no sensory impairment in either foot. •» *

Although the neurological examination was essentially negative, Dr. Keith noted that appellant was “so nervous that both hands, neck and face all shook. At times he was almost in tears. He appears to be alert although somewhat distracted. * * *” The final impression was:

“ (1) I think this man is suffering from a severe anxiety neurosis.
“(2) I can find no definite evidence of any neurological abnormalities.
“(3) I do not think these are seizures this man is having, but attacks of anxiety.

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Bluebook (online)
382 F.2d 949, 1967 U.S. App. LEXIS 5050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-luttrell-combs-v-john-w-gardner-secretary-of-health-education-ca6-1967.