Flores v. Secretary of Health, Education & Welfare

440 F. Supp. 312, 1977 U.S. Dist. LEXIS 15591
CourtDistrict Court, D. Puerto Rico
DecidedJune 3, 1977
DocketCiv. No. 75-684
StatusPublished
Cited by1 cases

This text of 440 F. Supp. 312 (Flores v. Secretary of Health, Education & Welfare) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flores v. Secretary of Health, Education & Welfare, 440 F. Supp. 312, 1977 U.S. Dist. LEXIS 15591 (prd 1977).

Opinion

OPINION AND ORDER

PESQUERA, District Judge.

This is an action brought by plaintiff pursuant to Section 205(g) of the Social Security Act (hereinafter referred to as the Act), as amended, 42 U.S.C. § 405(g), to obtain judicial review of the denial by the defendant, the Secretary of Health, Education and Welfare (hereinafter referred to as the Secretary), of her claim for a period of disability and disability insurance benefits.

The issue in the case herein is whether the final decision of the Secretary is supported by substantial evidence on the record considered as a whole.

Plaintiff is a 36 year old woman who has a seventh grade education. She has worked primarily as a sorter, classifying tobacco leaves at a cigar factory. She alleges disability since 1966 due to a cervical disc dislocation and a nervous condition. Plaintiff has met the special earning requirements of the Act until September 30, 1970, and seeks judicial review after exhausting the administrative remedies available to her under the Act and Regulations.

The evidence on record can be summarized as follows:

(a) Regarding her cervical condition, there is evidence on record showing that she has been treated for pain and tenderness in the cervical region. On March 6, 1974, Dr. Héctor J. Cases, a neurologist, examined plaintiff but could find no objective evidence of nerve root compression. Dr. Cases’ impression was that plaintiff suffered from chronic cervical muscle spasm. On November 26, 1974, Dr. Norberto Arbona, a neurologist, examined plaintiff and stated that the neurological examination was completely normal.

(b) Dr. Luis Aramburu, a general practitioner and plaintiff’s treating physician, certified on January 14, 1974 that he had treated plaintiff since 1966 for what he diagnosed as a marked anxiety state with depressive component. Dr. Aramburu further stated that her condition had progressively worsened as of January 1974.

(c) On March 4, 1974, Dr. Pedro J. Du-rand, a psychiatrist, examined plaintiff and diagnosed manic depressive illness, circular type. The prognosis was guarded because she had been “decompensating to the psychotic level for the last nine (9) years”. On a subheading of his report, which read “Onset of Present Illness”, Dr. Durant stated specifically that it was “for the last nine (9) years”.

(d) At the administrative hearing, Mr. José Medina Orta, a vocational expert, testified that, considering plaintiff’s age, education, and job experience, and exhibits until 1970, there were occupational skills that she retained and could be transferred to specific jobs that were available.

[314]*314At the hearing, plaintiff’s behavior was characterized by a marked emotional stress which rendered her unable to testify. Also present at the hearing was plaintiff’s husband, who stated that an application had not been filed earlier since plaintiff was under treatment and they were awaiting results of the same.

It is established that a claimant' of disability benefits has the initial burden of proof to establish that he was unable to engage in a substantial gainful activity by reason of a 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 at least twelve months, and the existence of which can be medically determined at a time prior to the expiration of coverage. 42 U.S.C. §§ 416(i), 423(d); Reyes Robles v. Finch, 1 Cir., 409 F.2d 84 (1969).

Once a claimant of disability benefits has shown his inability to perform his previous work, then the Secretary has the burden of showing that claimant can engage in other forms of substantial gainful activity. Reyes Robles v. Finch, supra; Hernández v. Weinberger, 1 Cir., 493 F.2d 1120 (1974); Burgos v. Secretary of HEW, D.C., 355 F.Supp. 309 (1973); Taylor v. Weinberger, 4 Cir., 512 F.2d 664 (1975); Wyatt v. Weinberger, 4 Cir., 519 F.2d 1285 (1975). The test being whether a particular job is realistically within the physical and mental capabilities of a claimant, which means whether he can effectively perform the job on a similar level of continuity, stamina and efficiency as one who is not impaired to the same degree of severity. Caraballo v. Secretary of HEW, D.C., 346 F.Supp. 93 (1972); Lebrón v. Secretary of HEW, D.C., 370 F.Supp. 403 (1974); Timmerman v. Weinberger, 8 Cir., 510 F.2d 439 (1975).

When the Secretary is making a finding as to plaintiff’s ability or inability to engage in any substantial gainful activity there are four elements of proof to be considered: (1) medical data and findings; (2) expert medical opinion; (3) subjective complaints; and (4) plaintiff’s age, educational background, and work history. Gold v. Secretary of HEW, 2 Cir., 463 F.2d 38 (1972); De Paepe v. Richardson, 5 Cir., 464 F.2d 92 (1972).

For a plaintiff to be disabled within the meaning of the Act, the alleged impairments must deprive him of his capacity for work to the extent that he is unable to engage in any substantial gainful activity. 42 U.S.C. §§ 416(i), 423(d); Reyes Robles v. Finch, supra.

The scope of judicial review comprised by Section 205(g) of the Act provides that the findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive. 42 U.S.C. § 405(g); Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); González v. Richardson, 1 Cir., 455 F.2d 953 (1972); Torres v. Secretary of HEW, 1 Cir., 475 F.2d 466 (1973). It is the Secretary’s duty to consider the conflicting evidence on record and then proceed to make his own findings of fact. The district court is not to make additional findings of fact to supplement those made by the Secretary. Richardson v. Perales, supra; Torres v. Secretary of HEW, supra.

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440 F. Supp. 312, 1977 U.S. Dist. LEXIS 15591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flores-v-secretary-of-health-education-welfare-prd-1977.