Guy Chapman Wilson v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

617 F.2d 1050, 1980 U.S. App. LEXIS 19583
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 17, 1980
Docket79-1183
StatusPublished
Cited by140 cases

This text of 617 F.2d 1050 (Guy Chapman Wilson v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guy Chapman Wilson v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare, 617 F.2d 1050, 1980 U.S. App. LEXIS 19583 (4th Cir. 1980).

Opinion

K. K. HALL, Circuit Judge:

Claimant Guy Chapman Wilson appeals from an order of the district court affirming the denial of his claim for disability insurance benefits under 42 U.S.C. §§ 416(i) and 423(d) of the Social Security Act. The Administrative Law Judge found that claimant suffered from a psychological impairment of sufficient severity to prevent return to his former work as an insurance salesman, but retained the residual functional capacity to perform other substantial gainful activity. Accordingly, he denied the claim and the Appeals Council affirmed. We hold that this determination, made without the assistance of a vocational expert, was not supported by substantial evidence and remand for further proceedings consistent with this opinion.

Claimant was 45 years old at the time of the Secretary’s decision and has a college education. He was employed by New York Life Insurance Company until March, 1976, and receives a disability pension from that company. He testified that he began having psychological difficulties as early as 1972. He claims he has lost his “desire,” has difficulty relating to his wife and neighbors and generally feels that everything is stacked up against him. The record is replete with references to claimant’s disagreements with others over his productivity at work, the dissolution of his family, financial difficulties, and trouble with the judicial system relating to his divorce and support proceedings.

The medical evidence amply supports the AU’s conclusion that claimant is unable to return to his former employment. Claimant’s personal physician diagnosed anxiety depression in March, 1975, and prescribed anti-depressive medication. Dr. Restak, a neurologist who examined claimant on several occasions beginning in October, 1975, because of pain in the nuchal region, concluded that claimant had “some cervical degenerative disease and severe anxiety depression.”

Claimant’s efforts to deal with his emotional difficulties through professional help *1052 were largely unavailing. After ending his employment with New York Life Insurance Company, claimant met on a weekly basis with Dr. Edward Houghton, a psychiatrist. Dr. Houghton noted claimant’s loss of motivation and goal orientation, resulting from the dissolution of his family, and concluded that he was suffering from depressive neurosis of severe degree. Dr. Houghton treated claimant with medication and psychotherapy.

Beginning in 1976, claimant underwent both group and individual therapy at Northern Virginia Family Service. In the individual sessions, claimant resisted therapy. He “appeared to be locked into both presenting his pain in a way that was manipulative (tears and references to suicide) and denying its existence altogether.” The therapist saw “major impediments to his making use of therapy.” At the group sessions, claimant showed more anger than depression.

In November, 1976, claimant had his initial session with Dr. Michael Arons, staff psychiatrist at the Northwest Center for Community Mental Health. Dr. Arons described claimant’s problems with productivity and conflicts with other employees at work which he took out on his wife at home. The resulting dissolution of claimant’s family, Dr. Arons noted, led in turn to extreme depression, anger at his wife and continued anger at work. Claimant’s psychiatric problems were complicated by arm pain and headaches, apparently due to the degenerative cervical spine disease.

Dr. Arons wrote, “[i]n terms of psychiatric disability, I see the depression and amount of anger in this man as being too severe to allow him to function adequately as an insurance salesman.” He described claimant as lacking in confidence and too frightened to perform because he has “everything on the line.”

In December, 1976, claimant was evaluated by Dr. Adrian Duffy on referral by the Virginia Department of Vocational Rehabilitation. Dr. Duffy noted that claimant was well dressed and groomed, and well oriented. Sensorium was clear and he was alert and aware of his environment. The underlying mood was one of moderate depression. Dr. Duffy noted claimant’s anger at his wife and the court system. He remarked, “I had the distinct impression that his anger was something he was attempting to control, but was having difficulty in so doing. I believe it might very well intrude upon his thoughts and thus interfere with his ability to concentrate.” Claimant’s thinking was logical and goal-directed, but Dr. Duffy noted claimant’s “marked suspi-ciousness” of his neighbors and lawyers.

Dr. Duffy concluded that claimant probably could not perform his old job for some time, but noted he was apparently responding to treatment, and “as he improves and as his marital situation becomes resolved, he could certainly return to his old job or work in some other capacity for the insurance company.”

In March, 1977, Dr. Arons, following up his original diagnosis, expressed disappointment that the results of treatment had not been what he had hoped. He noted claimant “cannot engage in an interpersonal relationship with stress and authority issues without rage and contempt spilling over into it,” and concluded that plaintiff could not work effectively as a salesman or at other work where relationships with other people were necessary.

Finally, in a December, 1977, report submitted to the Appeals Council, Dr. Arons stated:

Although [treatment with psychotherapy and chemotherapy] have been of some help, he continues to harbor a tremendous amount of anger at his wife and events surrounding his divorce and the ensuing legal and financial problems. Because of the perpetual state of pressure under which Mr. Wilson now lives, he fluctuates between rather severe, withdrawn depressive periods and angry, almost violent episodes. It has been and continues to be my professional judgment that under these conditions Mr. Wilson is psychiat-rically disabled and unable to work.

*1053 The virtually unanimous medical evidence of claimant’s inability to return to his customary employment, coupled with his own testimony, shifted to the Secretary the burden of going forward with substantial evidence to establish that claimant had sufficient residual capacity to engage in a specific job which exists in the national economy. Taylor v. Weinberger, 512 F.2d 664 (4th Cir. 1975). See also, Wyatt v. Weinberger, 519 F.2d 1285 (4th Cir. 1975). The Secretary purports to have met this burden in the following statement by the Administrative Law Judge.

“[i]t appears from the record that such impairment does not prohibit him from engaging in all types of gainful activity but does prevent him from returning to his former employment as insurance salesman or to those jobs which require constant and intense interpersonal relationships.

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617 F.2d 1050, 1980 U.S. App. LEXIS 19583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-chapman-wilson-v-joseph-a-califano-jr-secretary-of-health-ca4-1980.