Garnet Morse v. Donna E. Shalala, 1 Secretary of Health and Human Services of the United States

16 F.3d 865
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 5, 1994
Docket93-1016
StatusPublished

This text of 16 F.3d 865 (Garnet Morse v. Donna E. Shalala, 1 Secretary of Health and Human Services of the United States) 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
Garnet Morse v. Donna E. Shalala, 1 Secretary of Health and Human Services of the United States, 16 F.3d 865 (8th Cir. 1994).

Opinions

LAY, Senior Circuit Judge.

Garnet L. Morse appeals from the district court’s2 order affirming the Secretary of [868]*868Health and Human Services’ (“the Secretary”) denial of Ms. Morse’s application for supplemental security income (“SSI”) benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383c (1988 & Supp. III 1991). This is her fourth application: She filed her previous applications in 1984, 1988, and 1989. Each application was denied throughout the administrative process. Although the claimant asserts disability since 1975, the denial of her latest application on September 25,1989, remains binding and her present claim filed on March 14, 1990, required the Secretary to determine her disability on the basis of evidence obtained since September 25, 1989. Her past history, prior to September 25, 1989, is referred to for foundational purposes only. The Administrative Law Judge (“AL J”) granted the claimant a hearing on February 27, 1991, and subsequently denied her claim. The appeals council denied a request for review. Upon petition for review, the district court found that there existed substantial evidence on the record as a whole to support the Secretary’s denial of the claim. We reverse and remand.

I.

Ms. Morse was forty-eight years old at the time she filed her fourth application for SSI benefits. She has completed the eleventh grade, has a very limited work history, and her only past relevant work is that of a sandwich maker. Since 1975 she has had recurrent cardiac, pulmonary and low back problems and has undergone surgery for her cardiac condition. She has had at least two hospitalizations for both her pulmonary and low back problems since the time when her third application was denied in September of 1989.

In March of 1989, her treating physician, a certified board internist, Dr. Wilson L. Davis, summarized her past and present diagnosis as follows:

Mrs. Morse’s current diagnoses include: rheumatic heart disease with severe mitral stenosis, status post mitral commissuroto-my; left lower extremity radiculopathy probably secondary to protruding disc; congestive heart failure compensated on limited activity and medication; chronic atrial fibrillation; history of angina pector-is; history of depression; history of frequent pneumonias and episodes of asthmatic bronchitis.

This diagnosis was confirmed in a letter to Dr. Davis from a consulting physician, Dr. Charles McKay, at the University of Iowa Hospitals and Climes (“UIH”). After examining Ms. Morse in December of 1989, Dr. McKay’s diagnosis of Ms. Morse was:

Your patient was seen in the Cardiology Clinic on December 27, 1989 with the following diagnoses: 1) rheumatic mitral stenosis, status post valvuloplasty on August 18,1989 and commissurotomy in 1976; 2) chrome atrial fibrillation with periodic pulmonary edema; 3) status post cholecys-tectomy; 4) L4 and L5 disc narrowing with low back and left leg pain; 5) chronic urinary tract infections of Klebsiella.

On September 18,1990, Dr. Davis presented a final diagnosis of the claimant after a week-long period of hospitalization in which he observed:

FINAL DIAGNOSIS:
1. Severe back and left leg pain due to bulging L5-S1 discs exacerbated by a recent fall with associated muscle spasm.
2. Rheumatic heart disease with mitral stenosis, status post mitral valve com-missurotomy in 1976 and balloon valvulo-plasty in May 1990.
3. Congestive heart failure.
4. Atrial fibrillation.
5. Moderate appearing mitral regurgitation and mild aortic and pulmonic regurgitation.
6. History of depression.
7. Status post cholecystectomy.

At that time, Dr. Davis opined that as of May 29, 1990, Ms. Morse was still suffering from congestive heart failure. He added:

I believe that Mrs. Morse is disabled as far as regular work is concerned. She would be restricted from lifting more than perhaps 20 pounds and would be unable to carry even smaller amounts more than a few feet at a time. She does not appear to be restricted as far as standing, moving about and sitting but would be limited as [869]*869far as walking because of her mitral valvular disease and her congestive heart failure. She would have considerably limited stooping, climbing, kneeling and crawling and could not be expected to do this in a job situation because of her lumbar disc disease which continues to cause continuous pain even when she is resting.
I do not believe Mrs. Morse has difficulty with handling objects, seeing, hearing, speaking or traveling. She could not be exposed to environments involving fumes, high or low temperatures or hazards such as climbing or being in high places because of her heart disease.

On December 29, 1990, Dr. Davis observed:

Mrs. Morse was admitted to the hospital on 10/30/90 and discharged on 11/5/90. I am enclosing a copy of the discharge summary. I believe that this hospitalization again reflects the fact that Mrs. Morse has several medical problems and although she is able to function moderately well under the best of circumstances even a small perturbation, from normal may lead to significant decompensation in her overall condition.
I subsequently saw Mrs. Morse on 11/13/90. She showed good improvement in her back pain although she continued to have muscle tenderness. It was noted that she continues to be followed at University of Iowa Hospitals for her heart condition which I consider to be only marginally compensated. It continues to be my belief based on this and previous exposure to this patient that she is disabled from both a cardiac and a lumbar disc perspective, (emphasis added)

We deem it appropriate in view of the denial of the claim that her progress notes prepared by Dr. Davis be set forth in the margin. Although these notes begin in 1986, we include material portions of this history subsequent to September 1989.3

[870]*870ii.

In reviewing the ALJ’s decision to deny disability benefits, we must ascertain “whether there is substantial evidence on the record as a whole to support” the Secretary’s decision. Hutsell v. Sullivan, 892 F.2d 747, 748-49 (8th Cir.1989). This review involves more than a search of the record for evidence supporting the Secretary’s findings; the substantial evidence test requires that we take into account evidence that fairly detracts from the Secretary’s decision. Thomas v. Sullivan, 876 F.2d 666, 669 (8th Cir.1989).

An individual is considered to be impaired if she is “unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to ... last for a continuous period of not less than twelve months.” 42 U.S.C. § 1382c(a)(3)(A).

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16 F.3d 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garnet-morse-v-donna-e-shalala-1-secretary-of-health-and-human-services-ca8-1994.