Daniel L. LEWIS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee

823 F.2d 813, 1987 U.S. App. LEXIS 9655
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 20, 1987
Docket86-1187
StatusPublished
Cited by2 cases

This text of 823 F.2d 813 (Daniel L. LEWIS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee) 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
Daniel L. LEWIS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee, 823 F.2d 813, 1987 U.S. App. LEXIS 9655 (4th Cir. 1987).

Opinions

SPROUSE, Circuit Judge:

Daniel L. Lewis appeals from the order of the district court affirming the Secretary’s denial of his claim for disability benefits under Title II of the Social Security Act.1 42 U.S.C. §§ 416(i), 423(d). Lewis contends that the Secretary’s determination that he did not meet or equal a listing in Appendix 1 to Subpart P of the regulations, 20 C.F.R. Part 404, Subpt. P, App. 1, was not supported by substantial evidence. We agree and remand for the award of disability benefits.

I.

On July 25, 1980, at the age of twenty-five, Lewis suffered a subarachnoid hemor[814]*814rhage with internal carotid artery aneurysm and posterior communicating artery aneurysm. He underwent a craniotomy with clipping of the internal carotid artery aneurysm and wrapping of the posterior communicating artery aneurysm.2 Lewis was discharged from the hospital one month later.

It is uncontradicted that Lewis has suffered severe residual effects from the aneurysms and surgery. Before the surgery, his intelligence quotient (I.Q.) was 104, as reflected on his high school transcript. In January 1984, however, he was tested as having a performance I.Q. of 84, a verbal I.Q. of 78, and a full scale I.Q. of 78 — a drop of 26 points. An I.Q. of 78 is considered to be in the borderline range of intelligence. Lewis also suffers from weakness and numbness in his right upper extremity and has trouble with fine or rapid movements of his right fingers. He also complains of recurrent dizziness and headaches.

Prior to the aneurysms and consequent surgery, Lewis had worked as a welder in shipyards, a mechanic in a cannery, a laborer for a coal company, and a flagman. He worked a sufficient period of time to qualify for social security disability insurance. Lewis has not worked since his surgery, except for a two-week period at a local pool hall. The owner fired him because Lewis could not lift kegs or cases of beer or use a broom and mop to clean.

Lewis received disability benefits from July 22, 1980 until April 1982, when the Secretary determined that he was no longer disabled. He did not appeal the termination. On August 16, 1983, however, Lewis filed a new application for disability benefits, alleging he had been disabled since July 1980. The application was denied initially and upon reconsideration. Lewis then requested a hearing before an administrative law judge (AU), who held a hearing on February 15, 1984.

The evidence presented at the hearing consisted of testimony by Lewis and his mother and medical evidence. The medical evidence consisted of Lewis’ hospital records relating to the aneurysms and surgery; a report from Dr. John D. Varner dated March 10, 1981, noting considerable apraxia of the right hand; a report from Dr. Sayed Rasheed dated April 9, 1982, noting an improvement in speech and continued weakness in the right arm; progress notes from Lewis’ treating physician, Dr. David P. Allen, D.O., covering August 1976 to July 1982; a report from Dr. Johnny T. Dy based on a September 1983 neurological examination; and a report from Dr. G. Lane Wagaman, a psychologist, based on an extensive neuropsychological examination performed on January 20, 1984. Following the hearing, the AU submitted the reports from Dr. Dy and Dr. Wagaman along with written interrogatories to a vocational expert, Dr. Arthur Balias, for evaluation and responses to the interrogatories.

In determining that Lewis was not disabled, the AU relied on the reports of Dr. Dy and Dr. Wagaman — the only medical evidence covering the period following the termination of disability benefits — as well as the vocational expert’s responses to interrogatories and the testimony at the hearing. The AU found that Lewis

has severe residual effects [from the aneurysms and surgery], ... with continuing residual right upper extremity weakness, mild upper right extremity numbness, impaired intellectual functioning (borderline range of intellectual functioning with a verbal IQ of 78, performance IQ of 84 and a full scale IQ of 78) and other intellectual limitations, and emotional instability, but that he does not have an impairment or combination of impairments listed in, or medically equal to one listed in Appendix 1, Sub-part P, Regulations No. 4.

The AU continued his sequential analysis and found that, although Lewis could not [815]*815perform his past work, he had the residual functional capacity to perform “light work except for work involving sustained manipulative activity of the right hand or arm, skilled work activity and work activity in an emotionally stressful environment.” The AU determined that Lewis was capable of performing certain jobs, specifically noting those of a “security guard, a watchman, a self-service station or parking lot attendant, a cashier, a janitor and a kitchen worker.” The AU concluded that Lewis was not suffering from a disability as defined in the Social Security Act at any time following the prior termination of benefits through the date of his decision.

On August 81, 1984, the Appeals Council denied Lewis’ request for review of the AU’s decision. Lewis then appealed the Secretary’s denial of benefits to the United States District Court for the Southern District of West Virginia. The court adopted the recommendation of the magistrate and granted summary judgment for the Secretary, affirming the denial of benefits. We conclude that there is not substantial evidence supporting the Secretary’s determination that Lewis did not meet or equal a medical impairment listing.3 We therefore reverse and remand for the award of disability benefits.

II.

It is, of course, uncontradicted that Lewis suffered serious impairment from the combination of the aneurysms and subsequent surgery. The AU found, and the evidence supports, that their residual effects continue to affect Lewis. The Secretary concedes that if Lewis’ impairment meets or equals the criteria of Listing § 12.02, he would be eligible for disability benefits. 20 C.F.R. § 404.1520(d). Listing § 12.02, as in effect at the time of the Secretary’s final decision, provided:

12.02 Chronic brain syndromes (organic brain syndromes). With both A and B:
A. Demonstrated deterioration in intellectual functioning, manifested by persistence of one or more of the following clinical signs:
1. Marked memory defect for recent events; or
2. Impoverished, slowed, persevera-tive thinking, with confusion or disorientation; or
3. Labile, shallow, or coarse affect;
B. Resulting persistence of marked restriction of daily activities and constriction of interests and deterioration in personal habits and seriously impaired ability to relate to other people.

20 C.F.R. Part 404, Subpt. P, App. 1 (1984).

The AU never discussed Lewis’ medical impairment in relation to Listing § 12.02 or any other specific listing.

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823 F.2d 813, 1987 U.S. App. LEXIS 9655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-l-lewis-plaintiff-appellant-v-otis-r-bowen-secretary-ca4-1987.