Griffey v. Cohen

299 F. Supp. 714, 1969 U.S. Dist. LEXIS 8581
CourtDistrict Court, W.D. Virginia
DecidedApril 15, 1969
DocketCiv. A. No. 68-C-56-A
StatusPublished
Cited by10 cases

This text of 299 F. Supp. 714 (Griffey v. Cohen) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffey v. Cohen, 299 F. Supp. 714, 1969 U.S. Dist. LEXIS 8581 (W.D. Va. 1969).

Opinion

OPINION AND JUDGMENT

DALTON, District Judge.

This action comes before this court pursuant to section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review a decision of the Secretary of Health, Education and Welfare. The decision holds that J. Hassell Griffey is not entitled to either a period of disability or to disability insurance benefits on his application filed on March 13, 1967. The decision, rendered by a hearing examiner on January 23, 1968, became “final” when the Appeals Council denied the claimant’s request for review on May'2, 1968.

J. Hassell Griffey filed an application for disability insurance benefits on March 13, 1967, alleging that a “bad heart,” ulcers and nervousness prevented him from working as of July 15, 1966. On June 14, 1967, the application was denied. Upon reconsideration the application was again denied and the claimant was so notified by letter dated August 18, 1967.

[715]*715Believing these adverse decisions to be erroneous, the claimant requested a hearing. A hearing was held in Pike-ville, Kentucky on November 13, 1967. The claimant appeared arid was the only person to testify. Several medical reports and other documents were introduced into the record. At the hearing the claimant agreed to submit to an examination by a specialist of the Department of Vocational Rehabilitation. The examination was performed by Dr. Pierce D. Nelson, a specialist in neuropsychiatry, on December 14, 1967, at the Mental Health Clinic in Wise, Virginia. The formal record was reopened on January 22, 1968, to admit into evidence the report by Dr. Nelson and also a copy of his professional qualifications. By a decision dated January 23, 1968, the hearing examiner held that the claimant was not under a disability as defined by the Social Security Act as amended in 1965 and hence not entitled to a period of disability or to disability insurance benefits under the provisions of Sections 216(i) and 223, respectively, of the Social Security Act, as amended in 1967. The claimant, at this juncture hired an attorney and , with his aid, requested that the Appeals Council review the hearing examiner’s decision. The review was delayed at the request of the claimant’s attorney, in order to allow the attorney an opportunity to examine the record and to submit any written memorandum or further evidence which he deemed pertinent. Additional evidence, consisting of correspondence between the attorney and the claimant’s family doctor, was admitted into the record on April 24, 1968. The Appeals Council, on May 2, 1968, denied the claimant’s request for review thereby affirming the hearing examiner’s decision. The decision is limited to May 2, 1968, the date the decision became final since the claimant will continue to meet the special earnings requirement of the Act through March 31, 1971.

J. Hassell Griffey was born on July 12, 1922, in Rose Ann, Virginia. Possessor of a third grade education, the claimant has worked in coal mines since he was eighteen years of age except for a brief period when he worked as a handyman for a trailer company. Previous to commencing work in the mines he worked for two years as a handyman for a mining company on the outside of the mines. The claimant is married and has five young children at home. He does not own an automobile although he has a driver’s license.

The record contains a medical report by Dr. Joshua P. Sutherland, a general practitioner in Grundy, Virginia. The report indicates that Dr. Sutherland had last examined the claimant in March, 1966, and in a report dated March 17, 1967, the doctor offered the following diagnosis: (1) Gastric ulcer (2) Hypertrophic arthritis of spine (3) Chronic Bronchitis and (4) Anxiety syndrome. In a statement bearing Dr. Sutherland’s signature and submitted during the oral hearing, it was the doctor’s opinion that the above diagnosis prevented the claimant from engaging in gainful employment.

On May 22, 1967, the claimant was examined by Dr. J. A. Robinson, a full-time specialist in internal medicine, at the Clinch Valley Clinic Hospital in Richlands, Virginia. The report states that the claimant complains of vague pains around his heart arid a sensation of a load on his heart. The claimant stated that these pains, which forced him to quit work in July, 1966, are of an aching nature, usually worse in the late afternoon or at night and that during the past two years the pain has been so severe that hypodermic injections by a physician were necessary in order to obtain relief. The chest pain does not seem to be provoked by exercise. After relating a history of the claimant’s ailments the report states: that the patient shows no definite evidence of psychoneurosis ; that temperature and pulse rates were normal, blood pressure 165/96, height 67 inches and weight 137 pounds; that claimant has no teeth; that vision in the right eye is 20/50 and in the left 20/25; that the eyegrounds [716]*716appear normal; that heart sounds are regular and no murmurs were detected; that the peripheral arteries are not particularly thickened; that the lungs were normal by physical examination; that there was little sensitiveness about the entire abdomen; that the fingernails were slightly curved; that none of the joints were particularly enlarged and none were stiffened or sensitive; that there was no evidence of muscle atrophy; that the urinalysis is normal, blood serology negative, blood uric acid normal and rheumatoid agglutination nonreactive; that the EKG tracing is normal and shows no evidence of heart disease; that in view of the normal EKG tracing and the practically normal chest x-ray report the pulmonary function studies were not performed. The report ends with the following paragraph :

I can find no evidence of serious disease in this case. Possibily he has been having mild bouts of pleuritic pain or a radicuhitis about his chest wall and he very probably has developed a cardiac neurosis.

The record also contains a report dated July 3, 1967, by Dr. U. 0. Sanders, a general practitioner in Grundy, Virginia. The extremely brief report is written illegibly making it impossible for the court to read it. However the record does contain a statement, written upon paper bearing the letterhead of Dr. Sanders’ office, which was submitted during the hearing that simply reads, “This patient has been sick for some time and not able to work.” The statement is dated November 9,1967.

The claimant was seen in the outpatient clinic of Grundy, Virginia, by Dr. B. D. Berry on July 5, 1965, with complaints of chest pains around the heart after eating a big supper. A physical examination and EKG were negative. Medication was prescribed and the claimant was allowed to go home. The diagnosis was pylorospasm.

On November 26, 1965, the claimant was seen by Dr. Ralph W. Hess at the outpatient clinic complaining of a headache, chills and fever. The diagnosis was an upper respiratory infection and the claimant was given a prescription for antihistamines and nose spray. Dr. Hess, on September 25, 1967, treated the claimant for osteoarthritis and peptic ulcer disease.

Dr. Pierce Nelson, a specialist in psychiatry, examined the claimant at the Mental Health Clinic in Wise, Virginia and submitted a report dated December 14, 1967. The report is supplemental to the oral hearing an'd was made a part of the record on January 22, 1968. The claimant is estimated to be functioning in the borderline normal range of intelligence. The Draw-a-Person test is schizoid and hysterical with feelings of helplessness and inability to meet environmental demands.

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Cite This Page — Counsel Stack

Bluebook (online)
299 F. Supp. 714, 1969 U.S. Dist. LEXIS 8581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffey-v-cohen-vawd-1969.