Darden v. Secretary of Health & Human Services

694 F. Supp. 255, 1988 U.S. Dist. LEXIS 10524, 1988 WL 94722
CourtDistrict Court, E.D. Michigan
DecidedMay 4, 1988
DocketNo. 87-CV-71719-DT
StatusPublished
Cited by1 cases

This text of 694 F. Supp. 255 (Darden v. Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Darden v. Secretary of Health & Human Services, 694 F. Supp. 255, 1988 U.S. Dist. LEXIS 10524, 1988 WL 94722 (E.D. Mich. 1988).

Opinion

MEMORANDUM AND ORDER

COHN, District Judge.

I.

This is an action for review of the Secretary’s decision denying disability benefits. 42 U.S.C. § 405(g). A magistrate recommends that the Court grant the Secretary’s motion for summary judgment. For the following reasons, summary judgment is GRANTED in favor of plaintiff.

A.

Plaintiff applied for disability benefits on February 12, 1986, due to a fracture of the right ankle with residuals, vasopastic (Prinzmetal variant) angina, status post myocardial infarction and degenerative disc disease of the lumbar spine with radiculopathy. Plaintiff also claims nonexertional limitations of chest pain accompanied by shivering, chills, weakness, nausea, dizziness, sweating, blurred vision and fear of death; fatigue; severe headaches; back and right leg pain; and swelling of the right ankle. Plaintiff alleges disability onset from October not the first 1983. Plaintiff’s disability insured status expired December 31, 1985. Benefits were denied initially and upon reconsideration. After a de novo hearing, an administrative law judge (ALJ) denied benefits. The Appeals Council denied review. This became the final decision of the Secretary.

[257]*257After plaintiff applied for review in this Court, a magistrate recommended that the Secretary’s motion for summary judgment be granted.

B.

Plaintiff objects. The only question is whether plaintiff met the relevant Listing, 20 C.F.R. Part 404, Subpt. P, App. 1, § 4.04 (ischemic heart disease) prior to the expiration of his insured status on December 31, 1985. In all other respects substantial evidence supports the AU’s decision.

The Secretary in response says plaintiff does not meet the Listing because: (1) plaintiff does not have pain of cardiac origin; (2) the EKG tracings submitted are “whitewashed” and illegible; and, (3) although two medical advisors (MAs) found that at least one of plaintiff’s EKGs met a portion of § 4.04, both MAs indicated that plaintiff’s pain was not of cardiac origin and that a treadmill stress test indicated that plaintiff did not meet the Listing.

C.

The Secretary’s findings of fact are conclusive if supported by substantial evidence. 42 U.S.C. § 405(g). Substantial evidence is “such relevant evidence as a reasonable person might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). In determining whether the evidence is substantial, the Court must take into account whatever in the record fairly detracts from its weight. Beavers v. Sec. H.E.W., 577 F.2d 383, 387 (6th Cir.1978). Finally, the Court must review de novo those portions of the magistrate’s report and recommendation to which plaintiff objects. 28 U.S.C. § 636(b).

II.

To meet Listing § 4.04, plaintiff must demonstrate ischemic heart disease for a continuous period of at least one year, 20 C.F.R. § 404.1509, through symptoms, physical signs and laboratory findings. First, plaintiff must establish that he has chest pain of cardiac origin. § 4.00 E. Plaintiff must then submit the results of an acceptable treadmill exercise test. If the results of that test meet Listing 4.04 A, plaintiff is disabled. In absence of an acceptable treadmill test, plaintiff must demonstrate that he meets one of the subsections of Listing 4.04 B to be found disabled. Here the relevant sections are 4.04 B(4) and (5).

Plaintiff has chest pain of cardiac origin. Section 4.00 E states:

So-called “anginal equivilent” locations manifested by pain in the throat, arms or hands have the same validity as [chest pain precipitated by effort]. Status anginosus and variant angina of the Prinzmetal type (e.g., rest angina with transitory ST elevation on [EKG]) will be considered to have the same validity as classical angina pectoris ....

There is evidence that plaintiff suffers from Prinzmetal angina. His emergency room treatment records dated October 8, 1983 state that an EKG revealed significant ST segment elevation in leads 2, 3, AVF, V5, V6 and V7. As noted by the Secretary, the dates of the accompanying EKGs are difficult to read and it is not known to which of the EKGs the emergency room report referred. Regardless, the tracings of the EKGs taken during plaintiff’s hospitalization accompany his treatment records.

Furthermore, plaintiff has had pain in the “anginal equivilent” locations. At the hearing and as noted in his medical records, plaintiff complained of pain in his chest and down his right side. Dr. Sundell, one of the MAs who examined plaintiff’s records, indicated that plaintiff’s description of pain suggested Prinzmetal angina. Additionally, uncontradicted evidence that plaintiff was taking heart medicine supports the conclusion that he has chest pain of cardiac origin. Knipe v. Heckler, 755 F.2d 141 (10th Cir.1985).

Plaintiff’s treadmill stress test of April 29, 1986 does not qualify as an ac[258]*258ceptable test for the purposes of Listing 4.04 A. Plaintiff’s October 1983 EKGs meet Listing 4.04 B(4), (5), see infra part C. The treadmill test was taken in l^te April 1986, 18 months after plaintiff’s qualifying EKGs. This is the first evidence offered by the Secretary to rebut plaintiff’s prima facie showing of disability. Plaintiff need only establish disability for one year, through October 1984, to qualify for benefits. 20 C.F.R. § 404.1509. The 18 month time period between the EKG and the treadmill test is too great to allow a late April 1986 test to negate a prima facie showing of disability in October 1983.

Because there is no acceptable stress test, plaintiff must demonstrate that he meets one of the subsections of Listing 4.04 B. Plaintiff meets both subsections (4) and (5), which require:

4. Resting [EKG] findings showing symmetrical inversion of T waves to 5.0 mm. or more in any two leads except leads III or aVR or Vi or V2; or
5. Inversion of T wave to 1.0 mm. or more in any of leads I, II, aVL, Y<¡ to V6 and R wave of 5.0 mm. or more in lead aVL and R wave greater than S wave in lead aVF; ____

20 C.F.R. Part 404, Subpart P, App. 1, Listing 4.04 B(4), (5) (emphasis original). Listing 4.00 F(l) states that detailed descriptions or computer interpretations without original or legible copies of the EKGs are not acceptable for determining disability under the Cardiovascular System Listings.

1.

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Bluebook (online)
694 F. Supp. 255, 1988 U.S. Dist. LEXIS 10524, 1988 WL 94722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darden-v-secretary-of-health-human-services-mied-1988.