Crawley v. Finch

300 F. Supp. 1343, 1969 U.S. Dist. LEXIS 8504
CourtDistrict Court, E.D. Kentucky
DecidedJuly 1, 1969
DocketNo. 1831
StatusPublished
Cited by5 cases

This text of 300 F. Supp. 1343 (Crawley v. Finch) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crawley v. Finch, 300 F. Supp. 1343, 1969 U.S. Dist. LEXIS 8504 (E.D. Ky. 1969).

Opinion

MEMORANDUM

SWINFORD, Chief Judge.

The plaintiff, Marie S. Crawley, brings this action under the provisions of 42 U.S.C. § 405(g). She seeks a review of the Secretary’s decision of January 19, 1968, which denied her benefits under the Social Security Act after October 31, 1966.

Mrs. Crawley is 43 years of age and lives with her husband and two children in Lexington, Kentucky. She was in the twelfth grade when she left school to go to work. All of her employment, with the exception of a few months, was with the local telephone company. She began working there in 1942 and worked until July of 1955. After the birth of her first child, she returned to work in February of 1957 and worked until November of 1958. She was not only a telephone operator, but “worked just about everything they had to do.” (Tr-41-42) She testified that in 1958 she suffered [1344]*1344from dizzy spells; that she was advised by her doctor to quit work; and that she had not been employed since November of 1958. (Tr-43-44) Her second child was born on December 17, 1959.

On June 13, 1962, she filed an application for disability benefits. Her impairments were listed as “dizziness & fainting — nervous” and she alleged she became unable to work because of these impairments on November 8, 1958. Benefits were allowed on this application on November 28, 1962. The disability determination of the Social Security Administration contains this statement:

“The applicant states that she is unable to work because of dizziness and passing out spells and nervousness. A current psychiatric examination gives a diagnosis of psychoneurosis, anxiety reaction with conversion manifestations, severe and incapacitating for responsible independent work. While it is felt that the applicant can continue doing her housework that she is unable to engage in public work. In view of the evidence in the file it is therefore determined that the applicant has been under a disability since the alleged date of onset.” (Exhibit 3, Tr-72)

On August 21, 1963, the “Request for Field Investigation of Continuing Disability”, a form of the Social Security Administration, has a diagnoses of “Psychoneurosis, anxiety reaction with conversion manifestations” and the item “Suspension of benefits not requested” is checked. (Exhibit 5, Tr-74) This form is duplicated on October 20, 1964 (Exhibit 6, Tr-76), on May 27, 1965 (Exhibit 8, Tr-79) and on June 10, 1966 (Exhibit 9, Tr-81).

On January 18, 1965, a medical consultant for the Administration signed a form “Cessation or Continuance of Disability” in which the following was set forth:

“This W/E (wage earner) has been under a disability since a determination of 11/28/62, the diagnosis being psychoneurosis, anxiety reaction with conversion manifestations.
“The report of a recent re-examination reveals that although not unduly depressed, tears did come to her eyes occasionally when speaking of her problems. The personal relationship between husband and wife is somewhat impaired because of the W/E’s (wage earner’s) rigid attitude towards sex. Her primary handicap is being fearful of being left alone. She is considered to be suffering from a psychoneurotic reaction manifest by occasional episodes of dissociation and mild phobic formation. It is determined that she has not regained her capacity for work and the disability continues with a recommendation that she be examined again in 9 months.” (Exhibit 7, Tr-78)

On September 23, 1966, a medical consultant made the following report on the same form:

“On a determination of 11-28-62 the W/E (wage earner) was found to be under á disability, the diagnosis being psychoneurosis, anxiety reaction with conversion manifestations. On a determination of 1-18-65 the disability was continued. According to the report of contact of 7-19-66 the W/E (wage earner) is not on any kind of medication. The W/E (wage earner) states that she has dizzy spells frequently and feels she cannot work for this reason.
“A consultative examination report dated 9-6-66 shows that on examination the W/E (wage earner) is oriented in all spheres and in excellent contact with her environment. She relates well, expresses no unusual thought content or delusions. Thought associations are normal. There is no fragmentation or blocking. Thought content reveals no delusional material. Affect is appropriate to thought content. She does not appear unduly elated nor depressed. The interview failed to reveal any significant psychopathology. There is no evidence of psychosis. Diagnosis is psychoneu[1345]*1345rosis, photic type, mild.” (Exhibit 10, Tr-83)

Page 2 of Exhibit 10 shows that on October 5, 1966, the disability examiner made the following finding:

“In view of the evidence in the file, including medical reports, it is determined that the W/E’s (wage earner’s) impairment is no longer of a level of severity as to prevent engagement in all types of work activity. Therefore, disability ceases as of 8-25-66, the date of the latest medical examination.” (Tr-84)

Mrs. Crawley was notified on October 26, 1966, that the last disability check to which she was entitled was for the month of October 1966. On October 28, 1966, she requested a reconsideration and gave her reasons.

“I am no better now than I have been since I became disabled. Dr. Gail gave me no indication that I was any better at all. I would be willing to go to any consultative árranged for me & would like to have another one as I disagree with this. I feel it was to brief to give accurate findings. He asked only a few questions & conducted no phy. examination.” (Exhibit 13, Tr-88)

Her claim was then re-evaluated and on March 18, 1967, the disability examiner again concluded that she was able to engage in substantial gainful employment. (Exhibit 14, Tr-89-91)

The letter of March 22, 1967, from the Director, Division of Reconsideration, Bureau of Disability Insurance, advising the plaintiff of the action of the Administration’s finding contains the following paragraphs:

“A period of disability was established for you beginning November 1958 because of a nervous condition. The recent medical evidence includes a report from your physician as well as the results of three special examinations arranged for you at Government expense. This evidence shows that although you are anxious to some extent, your ability to think, understand, remember and relate to other persons in ordinary daily activities is no longer seriously affected. No other condition is disclosed that would interfere with your return to work.
“According to your records you are 41 years old and have a twelfth grade education. You have work experience as a telephone operator for many years. The evidence establishes that by August 1966, your condition was no longer severe enough to prevent you from engaging in your usual work or many other types of work for which you would be qualified with your age, education, and experience. Therefore, the determination ending your period of disability with October 1966 has been affirmed, and that is the last month for which you and your children were entitled to disability benefit payments.” (Exhibit 15, Tr-92-93)

On April 6, 1967, Mrs.

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Bluebook (online)
300 F. Supp. 1343, 1969 U.S. Dist. LEXIS 8504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawley-v-finch-kyed-1969.