Clara R. Heslep v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

356 F.2d 891, 1966 U.S. App. LEXIS 7332
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 31, 1966
Docket10055
StatusPublished
Cited by9 cases

This text of 356 F.2d 891 (Clara R. Heslep v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clara R. Heslep v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare, 356 F.2d 891, 1966 U.S. App. LEXIS 7332 (4th Cir. 1966).

Opinion

SOBELOFF, Circuit Judge:

The District Court granted summary judgment, affirming the Secretary’s determination “that the evidence of record does not establish that at the time the claimant filed her application on April 20, 1961, she was under a ‘disability’ as defined in the Act, which began on or before March 31,1961, when she last met the special earnings requirements for the purpose of entitlement.”

The Secretary admits that when Miss Heslep applied for benefits she was suffering from “hypertensive vascular disease” (high blood pressure) and that such disease is a “medically determinable physical or mental impairment” within the meaning of sections 216 (i) and 223(c) of the Social Security Act. 42 U.S.C.A. §§ 416(i) and 423(c). The Secretary further admits that she had been suffering from this disease prior to March 31, 1961.

*893 The Secretary nevertheless maintains that the claimant is not entitled to benefits merely because she suffers from hypertensive vascular disease. In order to sustain the claim, the Secretary contends, it must be shown that as a result of this condition she had some “clinically determinable end-organ” impairment. Section 404.1514(d) of the Secretary’s Regulations reads:

“To substantiate the allegation of impairment due to hypertensive vascular disease, the evidence should establish a persistently elevated diastolic pressure with end-organ involvement and its severity. Generally, hypertensive disease does not cause severe loss of capacity until it becomes severe enough to cause significant abnormalities in one or more of the four main end-organs: i. e., the heart, the brain, the kidneys or the eyes.” 20 C.F.R. § 404.1514(d).

On appeal, the Secretary relies on the testimony of Dr. H. A. Sieber and Dr. J. E. Botton, to whom the plaintiff was referred by the Social Security Administration, that despite her conceded hypertensive vascular condition, Miss Heslep .was not suffering from any clinically demonstrable eye, heart, kidney, or brain impairment.

However, excerpts from examination reports of Dr. H. I. Johnson and Dr. E. N. Weaver, who also examined Miss Hes-lep at the request of the Administration, disclose that there was not, in fact, a total absence of clinically determinable heart impairment. Dr. Johnson observed that although there was “no clear-cut evidence of pulmonary edema,” her heart was “markedly enlarged, the predominant enlargement being of the left ventricular segment.” And Dr. Weaver reported:

“It is my impression, since this lady is only fifty-five and has severe hypertension, that she should be hospitalized for further medical and neurosurgical evaluation in regard to the possibility of a bilateral thora-columbar sympathectomy.”

If the ultimate question to be decided were whether Miss Heslep was suffering from substantial end-organ impairment as a result of her high blood pressure, we would perhaps be precluded from upsetting the Secretary’s denial of benefits, for there is reliable evidence to support his determination that there was an absence of substantial end-organ impairment, although some of the Government’s own testimony is to the contrary. See Snyder v. Ribicoff, 307 F.2d 518 (4th Cir. 1962). But the ultimate question is not limited to a study of end-organ impairment. The question for decision is whether Miss Heslep suffers from a “medically determinable physical impairment” which has disabled her from engaging in substantial gainful employment. With respect to this question, based on an examination of the whole record, we find a lack of support for the Secretary’s conclusion that “the evidence of record demonstrates that the claimant is, at most, moderately physically restricted,” and that “she continues to be capable of [light work].”

The personal history of the claimant is pertinent. The appellant’s work experience for the twenty years before her claimed disability had been as a forelady or manager of a garment factory in which capacities she supervised the work of about thirty girls. The Administration pointed out that the job in which Miss Heslep was employed before her illness did not require substantial physical exertion.

Since June, 1959, Miss Heslep has not worked. She stopped work on that date because of her father’s illness, coupled with the fact that the plant had been sold and she would have become unemployed in any event. It is not suggested that she quit work with a view to claiming Social Security benefits. It was not until April 26, 1960, that Dr. G. R. Smith, Jr., first examined plaintiff and determined that she was suffering from high blood pressure. In the interval of eleven months between April 26, 1960, and March 31 of the following year, the cru- *894 dal date for eligibility, Dr. Smith and Dr. Taylor, his associate at the Shaws-ville, Virginia, clinic, examined and treated Miss Heslep forty-eight times. All this medical attention was secured before disability benefits were ever applied for. From his records, Dr. Smith reported:

“When seen on 4/26/60, her blood pressure was over 260 systolic and 160 diastolic (260/160). She was too dizzy to walk straight. Even with treatment, she has remained unsteady on her feet and has a slurred speech and apparently slow mental processes. In my opinion she was disabled on March 31, 1961 and continues to be so.”

While the attending physician’s opinion that Miss Heslep was disabled on March 31, 1961, may not be binding on the Secretary, we think it is entitled to substantial weight. See Celebrezze v. Walter, 346 F.2d 156 (5th Cir. 1965). None of the physicians to whom Miss Heslep was referred by the Secretary and upon whose reports the Secretary relies heavily, denied that she was suffering visible restriction of her physical capacity. In fact, each of the doctors who examined her at the instance of the Social Security Administration observed and confirmed the objective evidences of her disease. Dr. Sieber found muscle weakness and chronic edema of the feet and ankles. Dr. Botton reported that on “neurological examination she was found to be walking with short steps and in an obvious stage of generalized debility. Her voice was very low pitched with some suggestion of shortness of breath.” 1

At a hearing conducted on May 24, 1962, Miss Heslep testified that as of March, 1961, she was unable to do any housework; that as of September, 1961, she was unable to walk across the street to the grocery store; that in 1960 she had sold her automobile because persistent blackout spells prevented her from driving it; that she was unable to ride the bus alone because of her inability to raise her legs high enough to get on the bus; that she was unable to handle objects in a safe manner because of the weakness of her muscles.

Mrs.

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356 F.2d 891, 1966 U.S. App. LEXIS 7332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clara-r-heslep-v-anthony-j-celebrezze-secretary-of-health-education-ca4-1966.