Eddie SINGLETARY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee

798 F.2d 818, 1986 U.S. App. LEXIS 29182, 14 Soc. Serv. Rev. 403
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 29, 1986
Docket85-3799
StatusPublished
Cited by279 cases

This text of 798 F.2d 818 (Eddie SINGLETARY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eddie SINGLETARY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee, 798 F.2d 818, 1986 U.S. App. LEXIS 29182, 14 Soc. Serv. Rev. 403 (5th Cir. 1986).

Opinions

[820]*820REAVLEY, Circuit Judge:

Eddie Singletary appeals the district court’s grant of summary judgment in favor of the Secretary of Health and Human Services affirming the denial of his application for disability benefits. We reverse.

Facts

Eddie Singletary is twenty-nine years old. He has completed the tenth grade and received his GED. He has also been in and out of several trade schools. For more than ten years, he has led a wandering, nomadic existence, travelling back and forth between Texas, Mississippi and Louisiana and living in hospitals, bus stations, missions, the woods and the homes of relatives. He has been sporadically employed, working for various intervals as a deckhand, roustabout, rigger, or galley-hand. He has also worked for short periods of timé at painting, plumbing, carpentry, air-conditioning, refrigeration, machine shops, loading and unloading trucks, and dish-washing. He has spent considerable amounts of time in various hospitals and mental institutions.

The doctors who have examined Singletary, and there have been many, have differed in their evaluations, diagnosing him at different times as suffering from schizophrenia, various psychoses, delusions, an antisocial personality, an inadequate personality, and a passive-aggressive personality. While they differ in their diagnoses, the doctors concluded that Singletary has serious, long-term mental impairments.

In 1982, Singletary applied for social security benefits, claiming that he was disabled due to his mental condition. His application was denied both initially and on reconsideration. In 1984, a hearing was conducted before an administrative law judge (AU), who recommended a finding of no disability. Singletary’s request for review was rejected by the Appeals Council, and the ALJ’s decision became the final decision of the Secretary of Health and Human Services. The district court, upon recommendation of a magistrate, determined that the Secretary’s determination was supported by substantial evidence, and granted summary judgment in favor of the Secretary.

Discussion

An individual is disabled under the Social Security Act only when he has a physical or mental impairment which has lasted or can be expected to last for at least 12 months and which is so severe that the claimant is unable to engage in substantial gainful employment. 42 U.S.C. § 423(d)(1)(A) (1982); 20 C.F.R. § 404.1505 (1985). Substantial gainful activity is work that involves significant and productive activities for pay or profit. Id. § 404.1510. To determine whether an impairment is so severe that it prevents a claimant from pursuing any gainful activity, the Secretary is required to engage in a five-step sequential evaluation process. Id. § 404.1520(b)-(f).

First, if the claimant is already employed, disability benefits are denied regardless of the severity of the impairment. Second, if the individual is not working, the Secretary must determine whether the claimed impairment is “severe.” See id. § 404.1521. If the impairment is severe, the Secretary must determine whether the impairment is so severe that the claimant is presumed to be unable to pursue any gainful activity. This determination is made by comparing the impairment to a specific Listing of Impairments. See id. § 404, Subpart P, Appendix 1. If the claimant’s impairment does not fall within the Listing of Impairments, the Secretary must determine whether the individual has a sufficient “residual functional capacity” to perform the kind of work he did in the past. See id. § 404.1545. Fifth, if the individual is unable to do past relevant work, then the Secretary must determine, based on the individual’s age, education, work experience and residual functional capacity, whether the claimant can perform any other work which exists in the national economy. See id. § 404.1566.

Determining whether a claimant is disabled because of a mental condition under the above sequential process can be a difficult task. In some cases, the mental im[821]*821pairment may be so severe that the claimant is presumed to be incapable of working. See, e.g., Moore v. Secretary of the United States Dept. of Health and Human Services, 778 F.2d 127 (2d Cir.1985) (finding that the claimant was disabled under the Listing of Impairments). Quite often, however, the claimant is capable of finding a job and working for short periods of time. The nature of the mental impairment is such, however, that the claimant is unable to remain employed for any significant period of time. Such circumstances raise two important questions. First, does the impairment meet the 12 month duration requirement? Second, is the impairment so severe as to prevent the claimant from engaging in substantial gainful activity? These questions are to a certain extent intertwined, and this has caused some confusion, confusion which was evident in this case.

I. The Durational Requirement

The AU concluded that Singletary’s mental condition “does not appear to have been severe enough to have prevented substantial gainful employment for more than short periods of time — far less than twelve continuous months.” This finding evidences a misunderstanding of the duration requirement. It confuses the duration requirement, which applies only to the impairment, with the severity requirement, which determines whether the impairment prevents the claimant from working.

The Social Security Act defines “disability” as the

inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

42 U.S.C. § 423(d)(1)(A) (1982). The statute quite clearly requires that it is the impairment only which must last for a continuous period. Normally, of course, when a claimant has an impairment severe enough to prevent him from working, he will be unable to work for as long as the impairment lasts. This is particularly true when the impairment is physical. The statute, however, does not require that a claimant be unable to engage in work during the entire 12 month period. See also 20 C.F.R. §§ 404.1505(a); 404.1509; 404.1510. The ability of a claimant to engage in work for limited periods of time certainly calls into question the severity of the impairment, but it does not necessarily determine whether the impairment, however severe, has lasted for at least 12 months.

While a claimant need only show that an alleged impairment has lasted or can be expected to last for the 12 month period to meet the duration requirement, a claimant alleging a mental impairment may face a difficulty not presented in cases involving physical impairment. As one court has stated,

While the mere existence of symptom-free periods may negate a finding of disability when a physical impairment is alleged, symptom-free intervals do not necessarily compel such a finding when a mental disorder is the basis of the claim.

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798 F.2d 818, 1986 U.S. App. LEXIS 29182, 14 Soc. Serv. Rev. 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddie-singletary-plaintiff-appellant-v-otis-r-bowen-md-secretary-of-ca5-1986.