Espino v. Shalala

900 F. Supp. 95, 1995 U.S. Dist. LEXIS 18475, 1995 WL 581231
CourtDistrict Court, W.D. Texas
DecidedFebruary 21, 1995
DocketNo. EP-92-CA-312-H
StatusPublished

This text of 900 F. Supp. 95 (Espino v. Shalala) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Espino v. Shalala, 900 F. Supp. 95, 1995 U.S. Dist. LEXIS 18475, 1995 WL 581231 (W.D. Tex. 1995).

Opinion

MEMORANDUM OPINION AND ORDER

HUDSPETH, Chief Judge.

This is an action for judicial review of a decision of the Secretary of Health and Human Services denying Plaintiffs claims for disability benefits and supplemental security income. Plaintiff Pedro Espino is a 60 year-old man who attended school in Mexico through the sixth grade. He previously performed maintenance work for Sears, Roebuck and Co. On February 10, 1988, Plaintiff filed his first application for disability insurance benefits, claiming disability based on back injuries received on November 12, 1986. On March 21, 1988, the Secretary denied the claim. Plaintiff did not take any action to review that decision.

Plaintiff filed this application for disability benefits on February 17, 1989, asserting the same onset date claimed in his first application and alleging a herniated disc as the cause of his disability. On August 2, 1989, Plaintiff filed an application for supplemental security income. Before the filing of this SSI application, Plaintiffs disability insurance application was denied initially on April 6, 1989. The record contains a Notice of Reconsideration dated September 11, 1989 stating that Plaintiff was not under a disability. Since this denial on reconsideration was decided after Plaintiff filed his application for SSI benefits, and since the administrative law judge considered Plaintiffs claim for SSI benefits along with his claim for disability benefits, the denial on reconsideration apparently applied to both disability and SSI benefits.

Plaintiff requested a hearing before an administrative law judge, which was held on May 15, 1990. The administrative law judge issued a decision finding that Plaintiff was not disabled. On April 9, 1991, the Appeals Council denied Plaintiffs request for review and adopted the administrative law judge’s decision which became the final decision of the Secretary.

On May 15, 1991, Plaintiff hired a new attorney who sent to the Appeals Council a new doctor report and requested a finding of disability or another hearing before an administrative law judge. The Appeals Council did not respond to this request. On February 26, 1992, Plaintiff filed another request for review of the administrative law judge’s decision. The Appeals Council, on September 11, 1992, refused to reopen Plaintiffs case but granted a sixty-day extension during which Plaintiff could file this civil action. On October 8, 1992, Plaintiff filed this action for judicial review. On January 5, 1993, the matter was referred to a United States Magistrate for review and for the preparation of a report and recommendation to the Court. Plaintiff filed a motion for summary judgment on May 7,1993. The Magistrate Judge filed her report on October 7, 1993, and neither party has filed any written objection to the report. The case is now ripe for decision.

A person claiming entitlement to disability insurance benefits or supplemental security income has the burden of proving that he is disabled within the meaning of the act. Wren v. Sullivan, 925 F.2d 123, 125, 128 (5th Cir.1991); Fraga v. Bowen, 810 F.2d 1296, 1301 (5th Cir.1987). Judicial review of the Secretary’s findings is limited to a determination of whether they are supported by substantial evidence on the record as a whole and whether the Secretary applied the proper legal standards in reaching her decision. 42 U.S.C. § 405(g); Carrier v. Sullivan, 944 F.2d 243, 245 (5th Cir.1991). Substantial evidence is more than a scintilla but less than a preponderance and is such relevant evidence as a reasonable mind 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); Fraga v. Bowen, supra at 1302; James v. Bowen, 793 F.2d 702, 705 (5th Cir.1986). This Court is not entitled to reweigh the evidence, substitute its judgment for that of the Secretary, or try the issues de novo, but must examine the record as a whole in order to determine whether the findings of the Secretary are supported by substantial evidence; Anthony v. Sullivan, 954 F.2d 289, 295 (5th Cir.1992); Fraga v. Bowen, supra at 1302.

[99]*99In the instant case, the administrative law judge found Plaintiff has the residual capacity to perform light work and, thus, can perform his previous maintenance job at Sears. It is the court’s task to decide whether this determination by the administrative law judge is supported by substantial evidence. Perez v. Heckler, 777 F.2d 298, 302 (5th Cir.1985).

The regulations adopted by the Social Security Administration define light work as follows:

Light work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls. To be considered capable of performing a full or wide range of light work, you must have the ability to do substantially all of these activities. If someone can do light work, we determine that he or she can also do sedentary work, unless there are additional limiting factors such as loss of fine dexterity or inability to sit for long periods of time.

20 C.F.R. § 404.1567(b).

The record contains substantial evidence that Plaintiff is capable of performing light work. In his report of Plaintiff’s September 20, 1989 visit, Plaintiff’s treating physician Dr. Pacheco stated Plaintiff should not lift, pull or push heavy objects above 40 pounds. (Tr. 161). In the medical assessment dated May 30, 1990, Dr. Pacheco stated Plaintiff could lift or carry a maximum of forty pounds and could frequently lift or carry between twenty and thirty pounds. (Tr. 165). These weights far exceed the maximum weights required of light work and those required of Plaintiffs maintenance job at Sears. (Tr. 104). Dr. Pacheco also stated that Plaintiff has the ability to stand and walk in amounts that fit within Plaintiff’s description of his maintenance job and the definition of light work. (Tr. 104 & 165). This medical evidence in the record is substantial evidence in support of the finding of the administrative law judge that the Plaintiff’s residual functional capad - ty is light work.

Plaintiff objects to the failure of the administrative law judge to consider the testimony of Dr. Pacheco regarding Plaintiffs inability to work. Dr. Pacheco made two statements regarding Plaintiffs ability to do work. (Tr.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)

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Bluebook (online)
900 F. Supp. 95, 1995 U.S. Dist. LEXIS 18475, 1995 WL 581231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/espino-v-shalala-txwd-1995.