Edward Thompson v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

957 F.2d 611, 1992 U.S. App. LEXIS 2705, 1992 WL 35413
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 27, 1992
Docket91-1785
StatusPublished
Cited by49 cases

This text of 957 F.2d 611 (Edward Thompson v. Louis W. Sullivan, M.D., Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edward Thompson v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, 957 F.2d 611, 1992 U.S. App. LEXIS 2705, 1992 WL 35413 (8th Cir. 1992).

Opinion

*612 HANSEN, Circuit Judge.

Edward Thompson appeals from the district court’s affirmance of the Secretary of Health and Human Services’ denial of Thompson’s application for supplemental security income (SSI) benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383c (1988). We reverse and remand.

I. BACKGROUND

Thompson, age fifty-one, has a high school education. He has past relevant work experience as a concrete finisher, laborer, mechanic’s helper, and messenger. He filed an application for SSI benefits on February 14, 1989, alleging disability beginning October 20, 1986, based on poor vision, decayed teeth, liver damage, and alcohol abuse.

Thompson has been drinking since age eighteen or nineteen and has been a “problem drinker” since his early twenties.. Although his alcohol usage varies, there is evidence in the record that his usage is considerable. Thompson has been arrested twenty-two times for driving while intoxicated (DWI) and hundreds of times for public intoxication. He has attempted and failed several rehabilitation programs. In 1960 he was committed by his father to the Arkansas state hospital for three days for alcoholism. He entered Veterans Administration (VA) treatment programs in Illinois in 1977 and 1979 and did not complete either program. Also in 1979 Thompson was treated for a stab wound to the face and has lost some sensation in the left side of his face as a result of that wound.

On April 9, 1986, Thompson was admitted to a VA hospital in North Little Rock, Arkansas for a detoxification and rehabilitation program. His primary diagnosis was “[ajlcohol dependency, continuous.” He stated that prior to his admission, he was drinking two pints of vodka daily. He received an irregular discharge on May 4, 1986, when he did not return from a weekend pass. The report from that hospitalization noted that “[t]he prognosis for long term rehabilitation is extremely guarded.” Thompson was again admitted to the North Little Rock VA hospital detoxification and rehabilitation program on September 2, 1986. His primary diagnosis was “[rjeha-bilitation for alcohol dependence.” He stated that he had resumed drinking in June of 1986, and was drinking approximately two pints of vodka daily. He further stated that he had been arrested for a DWI offense between his first and second admissions to the program. He received an irregular discharge on September 25, 1986, when he did not return from an authorized absence following his sister’s death. The report from this hospitalization noted that “[t]he prognosis for long term rehabilitation is poor.” On December 30, 1986, Thompson was again admitted to the VA program and again received a primary diagnosis of “[ajlcohol rehabilitation” and a secondary diagnosis of “[ajlcohol dependency, continuous.” The report from this hospitalization indicates that Thompson stated that he resumed drinking less than twenty-four hours after leaving the previous program and had been drinking an average of five pints of vodka per day since October. He was given an irregular discharge on February 5, 1987, when he left the program one day earlier than his planned discharge date. On March 31, 1987, Thompson was again admitted to the VA program. The primary diagnosis was “[ajlco-hol dependence, continuous.” He successfully completed the inpatient portion of that program, but did not return for weekly outpatient therapy. The report from that program indicates that Thompson stated that he had resumed drinking three or four weeks earlier and was consuming approximately two and a half pints of vodka daily. The reports from his four hospitalizations at the North Little Rock VA hospital all indicate that while Thompson detoxified successfully, he had great difficulty with rehabilitation.

On May 11,1989, Thompson was evaluated by psychologist Don Birmingham, Ph.D, at the request of the Secretary. Dr. Birmingham offers a diagnosis of “[ajlcohol dependence, continuous” and notes that “[tjhe prognosis is poor. He is a chronic alcoholic and it is no[tJ likely that he will change his drinking behavior.” Dr. Bir *613 mingham also noted that “Mr. Thompson functions well when not under the influ-: ence of alcohol. He has the ability to structure his occupational and social pursuits in an effective manner if motivated to do so.” Dr. Birmingham found no evidence suggestive of organic involvement.

On May 16,1989, Thompson underwent a general physical examination by Timothy Fisher, D.O., also apparently at the request of the Secretary. Dr. Fisher diagnosed alcohol abuse, tobacco abuse, and hepa-tomegaly (enlargement of the liver) secondary to ethanol abuse. Dr. Fisher found Thompson’s uncorrected vision to be good (20/25 in the right eye and 20/30 in the left eye). Dr. Fisher concluded that Thompson was “able to sit, stand, move around, lift, carry, handle objects, hear & speak.”

After Thompson’s claim was denied initially and upon reconsideration, he requested and received a hearing before an administrative law judge (AU). Thompson appeared personally and with counsel at the scheduled February 14, 1990 hearing. Thompson was the only witness to testify.

At the hearing, Thompson testified that he suffers from seizures, shortness of breath, pain in his right leg, difficulty sleeping, twitching in his left eye as a result of his stab wound, headaches, back pain, and chronic constipation. Thompson testified that he takes Anacin periodically for pain and Enduron (prescribed) for hypertension. His seizures occur approximately every two weeks or less. He also testified that he occasionally suffers from the “shakes” and hallucinations. Thompson lives with his mother. His daily activities include preparing meals, watching television, reading the newspaper, visiting neighbors, and playing cards. He usually takes a nap for one and a half hours in the early afternoon. He testified that he is unable to push or pull more than five pounds on a repetitive basis, is unable to squat, and has difficulty kneeling and bending. He testified that he could sit for an hour, stand for ten to fifteen minutes, and walk for thirty minutes. He has attended Alcoholic Anonymous meetings in the past but had not attended a meeting for a long time. He testified that his last drink had been approximately two weeks before the hearing. Dr. Birmingham’s report suggests that Thompson did not participate in any treatment programs after early 1987. Thompson did tell Dr. Birmingham that he had attempted to reenter the VA program in April of 1989, but he was turned away because no space was available.

The AU concluded that Thompson has a “severe alcohol dependency,” but that he does not have an impairment or combination of impairments listed in or equivalent to one listed in 20 C.F.R., Part 404, Subpart P, Appendix 1. The AU found Thompson’s allegations of disabling pain, discomfort, restrictions, and limitations to be “not credible to the extent alleged.” The AU concluded that Thompson “has the residual functional capacity to perform work-related activities except for work involving work at unprotected heights, or around moving machinery.” The AU further concluded that Thompson could perform his past relevant work as a concrete finisher or laborer. Accordingly, the AU concluded that Thompson was not suffering from a disability as defined in the Social Security Act and was not entitled to SSI benefits.

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Bluebook (online)
957 F.2d 611, 1992 U.S. App. LEXIS 2705, 1992 WL 35413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-thompson-v-louis-w-sullivan-md-secretary-of-health-and-human-ca8-1992.