Crockett v. Cohen

299 F. Supp. 739, 1969 U.S. Dist. LEXIS 8583
CourtDistrict Court, W.D. Virginia
DecidedMay 12, 1969
DocketCiv. A. 68-C-84-A
StatusPublished
Cited by3 cases

This text of 299 F. Supp. 739 (Crockett v. Cohen) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crockett v. Cohen, 299 F. Supp. 739, 1969 U.S. Dist. LEXIS 8583 (W.D. Va. 1969).

Opinion

OPINION and JUDGMENT

DALTON, Chief Judge.

This case comes before this court upon a petition filed by Rosa Mae Crockett pursuant to the provisions of § 205(g) of the Social Security Act, 42 U. S.C.A. § 405(g), to review a “final” decision of the Secretary of Health, Education and Welfare. The decision holds that Rosa Mae Crockett is not entitled to the establishment of a period of disability, or to disability insurance benefits under the Social Security Act, as amended. The decision, rendered by a hearing examiner on Mareh 18, 1968, became “final” when the Appeals Council affirmed the decision and denied the claimant’s request for review on August 14, 1968. The action was filed in this court on August 27, 1968.

The claimant, Rosa Mae Crockett, filed an application for disability insurance benefits on January 5, 1966, with the alleged disabilities being arthritis and nerves. It is alleged that the impairments prevented the claimant from working from April 23, 1964. By letter dated December 16, 1966, the claimant was notified that her impairments were not disabling within the meaning of the law. The letter stated that the claimant would continue to meet the earnings requirement for disability purposes until March 31, 1969, according to the amounts credited to her social security account as of the time the application was filed. Upon reconsideration, the claimant’s application was again denied and the claimant was so notified by letter dated July 16, 1967.

Believing these adverse decisions to be erroneous, the claimant requested a hearing which was held in Bluefield, West Virginia on October 10, 1967. The claimant, her mother and a neighbor appeared and testified at this hearing. Various reports were introduced into evidence. By a decision dated October 27, 1967, the hearing examiner held that the claimant was not disabled within the meaning of the Act and Regulations either under the pre-1965 or the amended 1965 definitions of disability. Accordingly the decision held that the claimant was not entitled to the establishment of a period, of disability or to disability insurance benefits under the Social Security Act, as amended. Upon review, the Appeals Council, being of the opinion that the record did not contain sufficient information upon which to base a decision, remanded the case to the hearing examiner. The purpose of the remand was to receive additional evidence, especially the testimony of a vocational expert.

The second hearing was held in Blue-field, West Virginia, on February 21, 1968. The claimant, represented by an attorney, appeared and testified. The only other witness to testify was Miss Hattie B. Spangler, a vocational expert. By a decision dated March 18, 1968, the *741 hearing examiner again held that the claimant was not disabled within the meaning of the Act and Regulations either under the pre-1965 or the 1965 amended definition of disability. The hearing examiner found that during the alleged period of disability the claimant possessed residual work capabilities so as to allow her to engage in substantial work activities. The Appeals Council denied the request for review on August 14, 1968.

According to the testimony, Rosa Mae Crockett was born on December 21, 1920. Possessor of a sixth grade education, the claimant can read and write, although she states that she experiences difficulty in writing because of enlarged finger joints. She is married and lives with her husband in a rural community. There are no dependent children. The claimant’s entire work experience was with a television convector factory located in Tazwell, Virginia, where she was employed for a period of approximately ten years. The first years consisted of assembly line work which required the claimant to stand and put paper tubes in a rack and then place condensers into the tubes. The tubes were small ranging from three inches to less than an inch in length. A substance was placed over the parts inserted in the tubes and the rack of tubes was then baked in an oven. This work was performed on a piece-work basis. No tools were employed.

For the last two or three years, the claimant worked as an inspector which required the use of pliers to straighten wire leads on condensers which she was inspecting. Rubber gloves were required to protect against electrical shock. It was also necessary that the claimant check the numbers placed on the condensers to see that they were correct. The job required the claimant to carry pans of condensers, sometimes necessitating the aid of a fellow worker, for distances of from six to eight feet. The inspector job was on an hourly basis. This job was terminated in April, 1964, when the claimant found that she could no longer work because of a nervous condition and arthritis. The claimant did not supervise other personnel in either job that she performed.

A “Doctor’s Cumulative Diagnostic Sheet” from St. Luke’s Hospital in Blue-field, West Virginia indicates that the claimant was seen on November 2, 1961, for pre-menstrual tension, vulvovaginitis and spastic bowel syndrome. The report also notes that a hemorrhoidectomy was performed on May 21, 1962, because of thrombosed internal and external hemorrhoids. There is also reported a partial intestinal obstruction, post operative (unnamed operation although apparently the obstruction was related to the hemorrhoidectomy), due to inflammation. Dr. James E. McGee, who had made several prior reports, physically examined the claimant on March 2, 1964. His diagnosis was vulvovaginitis with secondary cystitis and the treatment prescribed was drugs and a cream medication. The claimant was requested to return in one week. A week later the report states that the claimant was better, that the inflammation is less and the general effect much improved. The medication dosage was altered to prevent nausea and the claimant was requested to return in two weeks. On March 23, 1964, the patient returned and examinations of the abdominal, pelvic and rectal areas were essentially negative. The claimant was requested to return in six weeks for further observation. On May 4, 1964, the report states that the claimant was seen and at this time she had no particular difficulty as regards the pelvic condition. In response to complaints about pain in the right shoulder an examination revealed some tenderness of the right shoulder, but with no specific point of tenderness. This appeared to be mild myositis and the claimant was placed on medication and was referred back to the care of her own doctor, Dr. C. H. Goodykoontz.

The claimant was again seen by Dr. James E. McGee on February 22, 1966, at the request of Dr. Goodykoontz, because of a feeling of undue bladder pres *742 sure and also difficulty with an increasing and progressive type of arthritis. After examination the doctor diagnosed the claimant’s condition as recurrent pelvic inflammatory disease and osteoarthritis for which medication was prescribed. On March 1, 1966, the claimant was reported as having less pelvic symptoms and abdominal and pelvic examinations were essentially negative, except for some continued vaginitis.

On August 17, 1966, the claimant was examined by Dr. James R. Shanklin, an M.D. with a subspecialty in cardiovascular disease. The report recites that the claimant has suffered “female troubles” for years, tpt that at the time she is doing well except for nerves and arthritis. The main arthritic symptoms are in the low back and in the hands.

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Related

Collier v. Richardson
344 F. Supp. 768 (W.D. Virginia, 1972)
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340 F. Supp. 591 (W.D. Virginia, 1972)
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333 F. Supp. 890 (W.D. Virginia, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
299 F. Supp. 739, 1969 U.S. Dist. LEXIS 8583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crockett-v-cohen-vawd-1969.