Davis v. Heckler

601 F. Supp. 824, 1985 U.S. Dist. LEXIS 23082
CourtDistrict Court, W.D. Pennsylvania
DecidedJanuary 29, 1985
DocketCiv. A. No. 84-1616
StatusPublished
Cited by1 cases

This text of 601 F. Supp. 824 (Davis v. Heckler) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Heckler, 601 F. Supp. 824, 1985 U.S. Dist. LEXIS 23082 (W.D. Pa. 1985).

Opinion

OPINION

WEBER, District Judge.

Plaintiff here appeals from an adverse decision on her application for disability insurance benefits. 42 U.S.C. § 405(g). She first applied for disability benefits in August 1983. The Secretary denied this application and a subsequent request for reconsideration. Ms. Davis was heard before an Administrative Law Judge (“AU”) in February 1984, who also denied her claim in an opinion dated March 28, 1984. The Secretary’s decision became final when the Appeals Council affirmed the AU’s denial in May 1984.

Plaintiff is now 56 years old. She apparently did not finish high school but has received a General Equivalency Diploma. She last worked in August 1982 when she operated a drill press, a position she held for ten years. Ms. Davis now complains that numbness in her extremities, dizzy spells, high blood pressure, tension headaches, diabetes mellitus and its accompanying complications and constant pain in her joints render her unable to perform any substantial gainful activity. The AU nonetheless found that her impairments did not prevent her from returning to her prior job as a drill press operator. Both parties have moved for summary judgment in this appeal.

The Social Security Act limits judicial review of the Secretary’s final decision; our task is to determine whether the Secretary’s decision is supported by substantial evidence. 42 U.S.C. § 405(g); Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). The Secretary should consider four elements of proof in determining disability: medical information, expert medical opinions, subjective complaints, and the claimant’s age, education and work history. Blalock v. Richardson, 483 F.2d 773 (4th Cir.1972). We may not reweigh the evidence. But we may examine the AU’s evaluation of the evidence to ensure that it conforms with the principles of reason and logic commonly applied to these non-adversarial proceedings.

The medical evidence of record focuses on plaintiff’s arthritis and diabetes. Ms. Davis was hospitalized in February 1981 with lumbosacral sprain. (Record at 86). Around May of 1981, at office visits to her treating physician, Dr. G.R. McCollum, she complained of sharp pains in her right knee. Dr. McCollum removed fluid from the knee and prescribed medication. He reported in August 1983 that Ms. Davis’ right knee could flex only through one-half the normal range of motion. She was able to move her left knee through three-[826]*826quarters of the normal range of motion. (Record at 122-23).

Plaintiff continued to feel pain in her back. She also had difficulty walking distances of more than a block and in climbing stairs. Dr. McCollum’s assessment in September 1983 included a finding of “probable degenerative joint disease of the low back. Also possible disc disease.” (Record at 125). At her hearing Ms. Davis complained of chronic pain in all her joints. She stated that she can walk no more than half a block before the pain intensifies. (Record at 34). She experiences difficulty standing upright unless she leans against something for support. She admits to occasionally washing dishes, but this task lasts only five or six minutes, when she can lean against the sink for support. (Record at 36-37).

Ms. Davis’ diabetes poses a more serious problem, and possibly complicates her joint pain. When she was hospitalized in February 1981 for lumbosacral sprain, her stay was lengthened by Dr. McCollum’s inability to reduce her blood sugar to an acceptable level. “[S]he had a long history of diabetes mellitus which had been very brittle.” (Record at 86). The various medical reports in evidence indicate that Ms. Davis’ diabetes is largely uncontrolled despite her use of insulin. Dr. K. Ung reported in September 1983 that her prognosis “is poor since her diabetes is probably not well controlled, and even with good control her symptoms may still become worse in time.” (Record at 125). Dr. McCollum concurred in this diagnosis. In December 1983, he reported that “in view of [Ms. Davis’] symptoms and the length of time they have persisted, there is no chance of improvement and little hope that she will be able to return to employment of even a sedentary nature. The effects of the diabetes will be progressive and I don’t anticipate a reversal of the effects because of the labile nature of the disease in this woman.” (Record at 146).

In his opinion, the AU disregarded Dr. McCollum’s assessment that Ms. Davis is disabled. The AU similarly gave cursory consideration to the physical manifestations of plaintiff’s diabetes. Ms. Davis testified that she suffered from unpredictable dizzy spells which occur two or three times a week. (Record at 35). She sometimes loses her balance during these dizzy spells unless she quickly supports herself. We find this claim supported in the record. Plaintiff was hospitalized in late April 1983 for an acute condition that required the removal of her gallbladder. During this time plaintiff fell and fractured her nose. (Record at 113). In addition, Ms. Davis undoubtedly suffers from diabetic neuropathy, a deadening of the nerves in her extremities. (Record at 122, 125, 151). Her grip strength is diminished (Record at 139), and she has no reaction to a pin prick test in her lower legs and feet. (Record at 125).

Given these conditions, we find it unsettling that the Secretary would consider Ms. Davis fit to return to her former occupation as a drill press operator. Drill presses, of course, are generally found in machine shops, along with other types of potentially hazardous machinery. Plaintiff's last job required her to drill precise holes in steel parts according to blueprint specifications. While working, she was on her feet for the length of an eight hour day. One need not possess a vocational degree to determine that this job requires a fair amount of stamina and concentration, particularly to avoid injury. We find it a mechanical, unacceptable application of Social Security standards for the Secretary to decide that a 56 year old woman suffering from frequent dizziness and loss of sensation in her extremities is fit to operate such machinery. The substantial evidence standard which we apply has been defined as a test for “evidence which a reasoning mind would accept as sufficient to support a conclusion.” Chicager v. Califano, 574 F.2d 161, 164 (3d Cir.1978). We cannot agree that the medical evidence supports the Secretary’s conclusion.

We have found additional deficiencies in the Secretary’s consideration of this case which ultimately affect the decision of plaintiff’s claim. For example, the AU [827]*827states in his opinion that Ms. Davis is “capable of shopping and ... preparing her own meals,” (Record at 15), when she flatly testified that her daughter shops and prepares meals for her.1 (Record at 38). The AU ostensibly considered plaintiffs demeanor at the hearing when he discounts her testimony about pain. (Record at 16). But he does not describe her demeanor for the reviewing court.

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Bluebook (online)
601 F. Supp. 824, 1985 U.S. Dist. LEXIS 23082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-heckler-pawd-1985.