David HEGGARTY, Plaintiff, Appellant, v. Louis W. SULLIVAN, MD, Secretary of Health and Human Services, Defendant, Appellee

947 F.2d 990, 1991 U.S. App. LEXIS 26147, 1991 WL 218577
CourtCourt of Appeals for the First Circuit
DecidedSeptember 25, 1991
Docket91-1260
StatusPublished
Cited by270 cases

This text of 947 F.2d 990 (David HEGGARTY, Plaintiff, Appellant, v. Louis W. SULLIVAN, MD, Secretary of Health and Human Services, Defendant, Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
David HEGGARTY, Plaintiff, Appellant, v. Louis W. SULLIVAN, MD, Secretary of Health and Human Services, Defendant, Appellee, 947 F.2d 990, 1991 U.S. App. LEXIS 26147, 1991 WL 218577 (1st Cir. 1991).

Opinion

PER CURIAM.

Claimant, David Heggarty, applied for Social Security disability and supplemental security income benefits on September 20, 1988. He claimed an onset date of May 5, 1987 and alleged disability due to gout, allergies, emotional problems, alcoholism (in remission), eczema and high blood pressure. His claim was denied initially and upon reconsideration. A hearing before an administrative law judge (“AU”) was held on June 20, 1989; claimant appeared without counsel at the hearing. The AU found that claimant was not disabled and the Appeals Council denied claimant’s request for review. The district court affirmed the Secretary’s decision, 758 F.Supp. 40, and this appeal ensued.

Claimant presents the following arguments on appeal: (1) claimant met Listing 8.05 (atopic dermatitis); (2) claimant did not receive a full and fair hearing because the AU did not inform him that he could obtain legal representation at no cost and because the AU failed to obtain important medical evidence; (3) there was not sufficient evidence in the record upon which to ascertain claimant’s mental residual functional capacity; (4) the AU did not properly evaluate claimant’s complaints of pain; and (5) testimony from a vocational expert was required in this case.

I. ADMINISTRATIVE PROCEEDINGS

A. The Hearing

At the beginning of the hearing, the following exchange took place.

AU: The record can show the claimant is present, but not represented or accompanied. You were told and you understand your right to counsel or representation, Mr. Heggarty?
CLMT: I do, sir.

Claimant went on to testify that he was born in 1953 and has completed high school. He also has trained in culinary arts. Claimant’s past relevant employment includes work as a bartender and as a “deli-man” in a supermarket. According to claimant, he has held over fourteen jobs since 1978i He usually has been fired due to his drinking and bad temper. Claimant also stated that he had entered a detoxification program at Danvers State Hospital in 1988. From detox, claimant went into a halfway house. He remained there for approximately one month and then returned to live at his parents home in May 1988. Claimant since has moved to a rooming house. Also during 1988, after leaving the halfway house, claimant again worked for some months as a deli-man.

As for his drinking problem, claimant stated that he had been sober for about eighteen months, but in May 1989 was arrested for driving while intoxicated. He periodically had attended AA meetings in the past and recently had started going to meetings twice a week. In addition to problems with alcohol, claimant described himself as having problems dealing with *992 authority and with interpersonal relationships. He reacts badly to stress, especially when it arises in the course of interpersonal disagreements. He usually responds to these situations with outbursts of temper. At the time of the hearing, he was not receiving treatment for his emotional problems. However, from May to August 1988, he had participated in a sobriety group and in individual psychotherapy at the Psychology Center.

Claimant testified that he was on general relief due to his allergies and the eczema on his hands. He stated that he has sores on his hands which are worsened when he scratches them. The medication, he averred, did not prevent the itching; when he is nervous the eczema is exacerbated. He also stated that he suffered from gout in his right foot which results in swelling. He alleged that his circulation problems additionally resulted in the swelling of both of his legs and ankles. This results in his only being able to stand for one-half hour at a time. The gout, he stated, was currently under control. He is allergic to dust and detergents which, along with the eczema on his hands, prevents him from working as a cook.

The only treatment claimant was receiving at the time of the hearing was from a Dr. Bixby. Claimant stated that he was seeing Dr. Bixby once every two weeks for allergy shots. He began seeing Dr. Bixby when he was released from the halfway house. According to claimant, Dr. Bixby’s medical testimony had formed the basis upon which he was awarded general relief. In addition to treating his allergies, claimant testified that Dr. Bixby also follows the condition which results in the swelling of claimant’s legs and his high blood pressure. It is unclear from claimant’s testimony exactly what other medical conditions were being treated by Dr. Bixby.

When the AU first became aware that the record did not contain any information or reports from Dr. Bixby, he stated,

So we don’t have anything from him so we’re certainly going to get it. We’ll get a slip from you before you go to give us permission to get it. We’ll maybe look up his address to make sure we get the right one before we do it also.

The AU repeated his intention to obtain Dr. Bixby’s records on two more occasions during the hearing.

B. The Medical Evidence

Records from Lawrence General Hospital indicate that claimant was seen on February 17, 1988 for swelling and pain in his right foot. An x-ray revealed a fracture of the ankle joint and deformity of the great right toe. The diagnosis was osteoarthritis. Claimant also was tested for allergies. A note dated June 7, 1988 indicates that claimant tested positive for allergies to. chocolate, egg whites and peanuts. The record goes on to reveal that claimant was given allergy shots in 1988 on June 7, June 21, July 19, August 2, August 16, and September 20.

Records from the Psychology Center include an evaluation performed on May 5, 1988. It noted that claimant was referred by the halfway house. Claimant was described as having extreme eczema on his hands, arms and face. He presented as an angry, mistreated and misunderstood person who always feels on the edge of resuming alcohol consumption. The treatment goals were: (1) maintaining sobriety and good physical health; (2) keeping anger from disrupting relationships; and (3) maintaining steady employment. A transfer summary described claimant as having kept sober while holding a full-time job. He was noted as having increased his insight into his interpersonal style, especially in regard to how his anger affected his relationships. The last record is a utilization review/treatment plan dated August 12, 1988. This report noted that claimant was not attending AA on a regular basis and had had two drinks in three months. It described claimant’s interpersonal style as combative. It recommended one to two years of treatment.

In October 1988, Dr. Barbara Sheedy, a clinical psychologist, evaluated claimant. She described him as socially appropriate. His speech and language were normal. He followed simple directions well, was oriented and hard working. His affect and mood *993 were unremarkable. Dr. Sheedy described claimant as “very motivated” to keep sober. She stated that claimant’s fine motor control was below normal limits. His IQ was in the low average range. Most of his performance skills were within the borderline to low average range. However, in regard to object assembly his skills were in the retarded range.

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Bluebook (online)
947 F.2d 990, 1991 U.S. App. LEXIS 26147, 1991 WL 218577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-heggarty-plaintiff-appellant-v-louis-w-sullivan-md-secretary-ca1-1991.