Faford v. Shalala

856 F. Supp. 13, 1994 U.S. Dist. LEXIS 8819, 1994 WL 287023
CourtDistrict Court, D. Massachusetts
DecidedJune 24, 1994
DocketCiv. A. No. 93-40158-GN
StatusPublished
Cited by6 cases

This text of 856 F. Supp. 13 (Faford v. Shalala) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faford v. Shalala, 856 F. Supp. 13, 1994 U.S. Dist. LEXIS 8819, 1994 WL 287023 (D. Mass. 1994).

Opinion

MEMORANDUM AND ORDER

GORTON, District Judge.

Pending before this Court is a review of a final decision of the Secretary of Health and Human Services (“the Secretary”) denying plaintiff disability benefits under the Social Security Act (“the Act”), as amended, 42 U.S.C. § 405(g).

On November 20, 1991, the plaintiff, Gerald Faford (“Faford”), filed an application for social security disability insurance and supplemental security income benefits. Faford alleges that he has been unable to work since June 1, 1988 due to the combined effects of three disabilities: 1) the vision in his left eye has been impaired since birth, 2) he has a long history of lower back pain and 3) his left hand was maimed in a work related accident involving a band saw. On March 19, 1992, plaintiffs application was denied. His requested reconsideration of that decision was denied on May 18, 1992.

The Administrative Law Judge (“ALJ”) considered Faford’s application de novo and, on March 1, 1993, denied plaintiff any benefits. A request for review by the Appeals Council was denied on June 15, 1993, rendering the decision of the ALJ the final decision of the Secretary. See Da Rosa v. Secretary of Health and Human Services, 803 F.2d 24, 25 (1st Cir.1986).

Plaintiff requested review of the Secretary’s final decision in this Court pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3). Plaintiff claims that he is unable to perform work which is readily available in the regional and national economy and argues that the Secretary’s decision to the contrary is not supported by substantial evidence. For the reasons stated herein, the decision of the Secretary will be affirmed.

I. FACTUAL FOUNDATION

Faford was forty-three years old at the time of the ALJ decision. He had attained a ninth grade education and had previous work experience as a service station attendant and as a factory worker. Faford alleges that he has been disabled since June 1, 1988, due to the combined effects of his three disabilities.

[15]*15Faford testified at the hearing before the ALJ that he had trouble reading fine print and performing job tasks involving fine measurements. Dr. Maurice Edwards examined Faford on December 10, 1991, and diagnosed his left eye as amblyopic. This is a condition which cannot be treated or corrected with lenses. The ALJ concluded from the medical evidence that plaintiff has been blind in his left eye since birth. Dr. Edwards’ examination also revealed that Faford is far-sighted and astigmatic in his right eye. Dr. Edwards concluded, however, that the vision in Faford’s right eye can be corrected with lenses to 20/30. The ALJ found it significant that Faford is able to pass a driver’s license test and was able to work for years despite his left-eye visual deficiency.

Faford also testified before the ALJ that he suffers from lower back pain, describing the pain as a “pulling” in his lower back which he experiences when he is involved with prolonged lifting or bending or when he maintains one physical position for a sustained duration. Faford testified that alternating sitting and standing helps to relieve his pain. Dr. Ivan Spear examined Faford on January 6, 1992, and diagnosed his condition as probable, early degenerative disc disease. Faford had not sought treatment for his back ailment since a 1982 visit with Dr. M.A. Davini, a chiropractor. Faford testified that, since 1982, he has used Tylenol, Icy Hot, and a reclining chair with heat and vibration features to treat his back.

In 1985, Faford maimed his left, non-dominant, hand in a work related accident involving a band saw. Faford testified that, due to that injury, he had difficulty grasping, lifting and manipulating objects with his left hand. Dr. Spear evaluated the condition of Faford’s hand and concluded that it could be greatly improved by surgery.

The record reflects that, although plaintiff does experience some difficulty in cooking or performing heavy work, he prepares his own meals, performs minor household chores, continues to visit friends and relatives and has no problem with his memory or concentration.

The ALJ concluded that: 1) Faford was not disabled, 2) he has the capacity to perform light work and 3) his complaints of pain and functional restriction are not consistent with the objective medical evidence.

II. ANALYSIS

A. Standard of Review

Review of the Secretary’s final decision is limited as mandated by 42 U.S.C. § 405(g). Factual findings by the Secretary must be affirmed if they are supported by substantial evidence in the record. 42 U.S.C. § 405(g); Irlanda Ortiz v. Secretary of Health and Human Services, 955 F.2d 765, 769 (1st Cir.1991). This Court “must uphold the Secretary’s findings ... if a reasonable mind, reviewing the evidence in the record as a whole could accept it as adequate to support [her] conclusion.” Irlanda Ortiz, 955 F.2d at 769 (quoting Rodriguez v. Secretary of Health and Human Services, 647 F.2d 218, 222 (1st Cir.1981)); see also Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971).

Therefore, even if the record could be perceived to support other conclusions, the final decision of the Secretary must be upheld if supported by substantial evidence. Rodriguez Pagan v. Secretary of Health and Human Services, 819 F.2d 1, 3 (1st Cir.1987), cert. denied, 484 U.S. 1012, 108 S.Ct. 713, 98 L.Ed.2d 663 (1988). The Secretary, rather than the Court, is responsible for deciphering issues of credibility and drawing inferences from and resolving conflicts in the evidence. Irlanda Ortiz, 955 F.2d at 769; Evangelista v. Secretary of Health and Human Services, 826 F.2d 136, 141 (1st Cir.1987).

B. Disability Analysis

To establish entitlement to disability benefits, the burden is on the plaintiff to prove that he has become disabled within the meaning of the Act. Bowen v. Yuckert, 482 U.S. 137, 146-47 & n. 5, 107 S.Ct. 2287, 2294 & n. 5, 96 L.Ed.2d 119 (1987); Deblois v. Secretary of Health and Human Services, 686 F.2d 76, 79 (1st Cir.1982).

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Bluebook (online)
856 F. Supp. 13, 1994 U.S. Dist. LEXIS 8819, 1994 WL 287023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faford-v-shalala-mad-1994.