Franklin v. Heckler

598 F. Supp. 784, 1984 U.S. Dist. LEXIS 21532
CourtDistrict Court, D. New Jersey
DecidedDecember 4, 1984
DocketCiv. 83-1700
StatusPublished
Cited by7 cases

This text of 598 F. Supp. 784 (Franklin v. Heckler) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Franklin v. Heckler, 598 F. Supp. 784, 1984 U.S. Dist. LEXIS 21532 (D.N.J. 1984).

Opinion

OPINION

LACEY, District Judge.

Plaintiff Mary Franklin filed an application for disability insurance benefits on November 28, 1980, and for Supplemental Security Income (SSI) on November 30, 1984. Plaintiff claimed a disability as of July 1976 due to “arthritis, orthopedic, hypertension, cardiovascular, neurological, neuropsychiatric, opthalmological [sic].” The application was denied initially and on reconsideration. A hearing was held on November 15, 1981. The AU, in a decision dated November 19,1982, found that plaintiff’s insured status had expired on June 30, 1980, and that prior to January 1982 plaintiff had not suffered any impairment or impairments which significantly limited her ability to perform basic work-related functions. In addition, the AU found that after January 1982 the severity of plaintiff’s impairments equalled the requirements of section 10.10 A, Subpart P, Appendix 1, Regulations No. 4, and that such impairments would preclude her from working for at least twelve months. Thus, plaintiff was found to be entitled to SSI benefits after January 1982, but was denied SSI benefits for any prior time period.

Disability insurance benefits were denied entirely because of the AU’s finding that the disability period did not commence until after plaintiff’s insured status had expired. The Appeals Council confirmed the AU’s decision on March 10,1983, rendering it the final decision of the Secretary. Plaintiff now seeks review of the Secretary’s decision under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Specifically, plaintiff disputes the AU’s decision with respect to the date of onset of the disability-

Disability is defined identically for the purposes of disability insurance and SSI benefits as inability “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairments 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. *786 § 423(d)(1)(A); § 1382c(a)(3)(A). If the applicant is presently engaged in substantial activity, or does not have an impairment severe enough to limit significantly his or her ability to perform basic work activities, a finding of nondisability is justified. See 20 C.F.R. 404.1520; 404.1526.

MEDICAL EVIDENCE

The earliest medical evidence of record consists of a battery of five reports resulting from medical examinations conducted between August 9, 1979, and September 4, 1979.

Dr. Pollock, a psychiatrist examined plaintiff on August 9, 1979. He found hyperactive deep tendon reflexes, tremors of the eyelids, tongue and fingers, depression of corneal and pharyngeal reflexes, and a moderately positive Romberg test. He diagnosed “[njeurological residuals of exposure to noxious fumes, dust and loud noise and traumatic anxiety psychoneurosis, also sciatic neuritis____” Dr. Pollock also noted that plaintiff was 61 inches tall, weighed 222 pounds, and had blood pressure of 130/80, and that she “appeared nervous and worried.” He estimated a 100 percent disability.

Dr. Ahmad, an orthopedist, examined plaintiff on August 14, 1979. He diagnosed plaintiff as suffering from cervical and lumbosacral sprain, and varicose veins. He found that flexion of both the cervical spine and the knees was restricted by five degrees. There were spasms in the paravertebral region of the cervical spine, the trapezius muscles, and the buttock areas. Movements of the low back were restricted in flexion by twenty degrees; extension and lateral bending was restricted by ten degrees. There was difficulty in squatting and while standing on the toes and on the heels. There was tenderness in both knees as well as in the lumbosacral region. Varicose veins were also present. He estimated a 100 percent disability.

Dr. Friedman examined the plaintiff on August 29,1979. He diagnosed plaintiff as having chronic bronchitis and hypertensive cardiovascular disease. His examination of plaintiff revealed the beginning of arcus senilis in the eyes, and Grade I hypertensive changes in the eyes. In addition, he found accentuation of the aortic components of the second heart and cardiac enlargement. Testing of the pulmonary function revealed a vital capacity of 1.4 liters which is 43% of predicated normal. He found evidence for restricted pulmonary disease and exogenous obesity. He noted that plaintiff was 64 inches tall, weighed 225 pounds, and found the blood pressure to be 160-94. Dr. Friedman also noted that plaintiff had no varicose veins or osteoarthritis, and found the chest and lungs to be clear. He estimated a 25% disability.

Dr. Klein, an ophthalmologist, examined plaintiff on September 4, 1979, and diagnosed her as having chronic conjunctivitis of both eyes. This diagnosis was apparently based on a finding that both conjunctivas were “infected with dilated blood vessels.” He found a 10% permanent partial total disability.

Dr. Ghander also examined plaintiff on September 4, 1979. His report revealed a bilateral hearing impairment, rhinosinuvitis, nasopharyngitis and tinnitus. He estimated a permanent disability of 35% for both ears.

At the request of defendant, plaintiff was also examined by Dr. Amato in early 1981 — the report is dated February 4,1981. Examination revealed that the plaintiff had an elevated blood pressure of 164/102. However, pulse was regular and an electrocardiogram revealed normal sinus rhythm. The axis was neutral and one junctional premature beat was noted. The P wave in VI was suggestive of left atrial enlargement. The chest x-ray revealed a cardiac silhouette with a moderate degree of cardiomegaly. Examination of the musculature and musculoskeletal system revealed no joint deformity. Neurological examination revealed no motor or sensory deficits, and examination of the extremities revealed no peripheral edema, clubbing or cyanosis. Plaintiff’s weight was listed as 249V2 pounds and her height as 63V2 inches. Dr. Amato concluded that the “arthritis *787 mentioned by the patient is apparently due to degenerative arthritis associated with exogenous obesity,” but that plaintiff should, nonetheless, “not be considered unable to work.”

Hospital records show that plaintiff was admitted to the Hospital Center at Orange in January 1982 due to severe cervical radiculopathy. Morbid obesity, cholelesthiasis, hypertensive cardiovascular disease and uterine myoma were also diagnosed. On admission plaintiff weighed 255 pounds and her blood pressure was 124/80. EMG and nerve conduction studies showed bilateral C6 radiculopathy. X-rays of the cervical spine showed significant degenerative changes at C4 and C5-6 levels. X-rays of the lumbosacral spine showed narrowing of these disc spaces. Plaintiff complained of numbness in the hands and fingers in addition to radiating pain. Plaintiff was treated with cervical traction and muscle relaxants.

The only other medical evidence included in the record is a brief handwritten note from Dr. Edmondson, plaintiffs treating physician, addressed to a Dr. Nichols, and dated August 8,1980. Dr.

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598 F. Supp. 784, 1984 U.S. Dist. LEXIS 21532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-heckler-njd-1984.