Clyde Dillon v. Anthony J. Celebrezze, Secretary of Health, Education, and Welfare

345 F.2d 753, 1965 U.S. App. LEXIS 5700
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 4, 1965
Docket9763
StatusPublished
Cited by69 cases

This text of 345 F.2d 753 (Clyde Dillon 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
Clyde Dillon v. Anthony J. Celebrezze, Secretary of Health, Education, and Welfare, 345 F.2d 753, 1965 U.S. App. LEXIS 5700 (4th Cir. 1965).

Opinion

J. SPENCER BELL, Circuit Judge.

This is an appeal from an order of the district court dated and filed October 6, 1964, which granted the Secretary’s motion for summary judgment and affirmed a decision of the hearing examiner denying the claimant, Clyde Dillon, a period of disability and disability insurance benefits under the Social Security Act, 42 U.S.C.A. §§ 416(i) and 423.

The examiner, after considering the evidence introduced before him at a hearing on May 9, 1961, concluded that it

“certainly do[es] not show that the claimant’s impairments in combination had reached a stage of severity to preclude substantial gainful employment when he last met the earnings requirements — March 31, 1960.”

The Appeals Council affirmed the examiner’s decision on July 31, 1961. On review, the district judge upheld the Appeals Council. Considering the record before us as a whole, we do not think it contains substantial evidence to support the prior rulings adverse to the claimant. Accordingly, these rulings must be reversed.

The claimant was born on May 20, 1906, and was fifty-four years old when *755 he filed the disability claims presently in issue. His education is limited to writing his name, and he cannot read. He has worked most of his adult life as a coal miner, but he was laid off in June, 1958, when the mine at which he was employed at the time closed down. 1 Attempts to locate other employment after this layoff were unsuccessful.

Dillon asserts that he was disabled, as that term is used in the Social Security Act, when his insured status expired because of a combination of impairments to his heart, back, and lungs. Without intending to minimize in any way the seriousness of his lung difficulties, the claimant, through his counsel, placed primary emphasis before us upon his heart and back conditions. In support of his assertions, counsel for Dillon has directed our attention to the reports of the several doctors who examined the claimant between 1959 and 1961.

Because both parties to this suit have placed such emphasis upon the objective medical findings, we deem it appropriate to restate what this court has observed before — that clinical medical reports are not necessarily dispositive of the question of a claimant’s disability. Thus, we said in Underwood v. Ribicoff, 298 F.2d 850, 851 (1962) :

“For the purpose of making a finding of fact on this issue [disability], the fact finder must recognize the obvious interrelation of [the various] elements of proof. The objective medical findings may show more or less clearly the existence of certain clinically determinable physical or mental impairments. However, a recitation of objective, clinical findings will seldom show, without more, the over-all effect of these impairments on a particular individual. This is a matter of medical judgment to be decided with reference to the individual’s general physical condition and the state of development of each of the defects.” (Emphasis added.)

In the Underwood case, we pointed out that there are really four elements of proof to be considered in determining whether a claimant is disabled within the meaning of the Social Security Act: (1) the objective medical facts, which are the clinical findings of the treating and/or examining physicians divorced from their expert judgment or opinions as to the significance of these clinical findings; (2) the diagnoses and expert medical opinions of the treating and examining physicians on subsidiary questions of fact, such as the effect of clinically determinable impairments upon an individual; (3) the subjective evidence of pain and disability testified to by the claimant and corroborated by his wife, other members of his family, his neighbors, and/or others in a position to observe him; and (4) the claimant’s age, educational background, and work history. We proceed to a consideration of the evidence in this case in the light of these elements of proof.

We think it of significance that every doctor who examined Dillon reported some medically determinable physical ailment. To be sure, their evaluation of his condition varied to some extent, and some of the doctors emphasized different aspects of his problems. Several of the doctors who examined the claimant filed more than one report; without exception their later reports noted that the conditions which they had observed during their initial examinations not only still existed but they had worsened with the passage of time.

The first physician to examine Dillon whose report is a part of this record was Dr. Philip Preiser, an internist in Charleston, West Virginia. He filed two reports, dated March 14 and October 26, 1959, in which he stated that his patient was suffering from arteriosclerotic heart disease, coronary sclerosis, angina pectoris, and chronic bronchitis. In the lat *756 ter report, he also reported evidence of peribronchial fibrosis and emphysema and added early nephrosclerosis to his previous diagnoses. Dr. Preiser’s reports also noted that the claimant experienced considerable pain and tired quickly with any effort, and he recommended a limitation in activities to the claimant’s tolerance. He indicated that Dillon on occasion might have to take nitroglycerin in order to get relief from pains in his chest.

A report dated November 11, 1959, of an X-ray of claimant’s lumbosacral spine by Dr. Todd, a radiologist in Charleston, West Virginia, stated that moderately advanced to vast hypertrophic changes about the margins of the lumbar bodies in that area had occurred. Dr. Todd also noticed a narrowing of the distance between some of the vertebrae, some of which he attributed to back injuries which Dillon apparently had suffered in mine accidents in 1925 and 1957. Three reports several months subsequent to the expiration of Dillon’s insured status confirmed Dr. Todd’s findings. Dr. W. V. Wilkerson in a report dated November 11, 1960, mentioned several times that Dillon was experiencing persistent back pains due to the effects of arthritis upon an old fracture of the lumbar spine. Dr. Wilkerson at this time was of the opinion that his patient was “physically unable for manual labor.” In a report on April 12, 1961, he stated that an X-ray of the lumbar spine showed an advanced spur formation and suggested the presence of a degenerated disc lesion. On March 3,1961, Dr. Ilona Scott reported that

“marked degenerative changes with early bridge formation is [sic] seen between the vertebrae. The apophyseal joints are irregular, show considerable narrowing of the cartilagenous spacings and sclerosis at the joint surfaces. The disc space shows a marked narrowing at L5-S1, the remainder of the disc spacings are normal. A degenerated disc is suspected at L5.”

In addition to Dr. Preiser, at least four other doctors included comments and observations in their reports which established the existence of pulmonary and bronchial difficulties. Even Dr. William C. Stewart, whose report on September 21, 1960, was probably the report most favorable from an overall standpoint to the Secretary, conceded that Dillon had a “slight to mederate pulmonary disability.”

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Bluebook (online)
345 F.2d 753, 1965 U.S. App. LEXIS 5700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clyde-dillon-v-anthony-j-celebrezze-secretary-of-health-education-and-ca4-1965.