Hall v. Shalala

873 F. Supp. 210, 1994 U.S. Dist. LEXIS 19232, 1994 WL 737206
CourtDistrict Court, E.D. Missouri
DecidedOctober 26, 1994
DocketNo. 1:93CV128SNL
StatusPublished

This text of 873 F. Supp. 210 (Hall v. Shalala) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Shalala, 873 F. Supp. 210, 1994 U.S. Dist. LEXIS 19232, 1994 WL 737206 (E.D. Mo. 1994).

Opinion

ORDER

LIMBAUGH, District Judge.

Having considered the plaintiffs objections to the United States Magistrate Judge’s report and recommendation (# 10), filed October 3, 1994,

IT IS HEREBY ORDERED that the review and recommendation of United States Magistrate Judge Lewis M. Blanton (# 9), filed September 22, 1994, is SUSTAINED, ADOPTED and INCORPORATED herein.

IT IS FURTHER ORDERED that defendant’s motion for summary judgment is GRANTED, and plaintiffs motion for summary judgment is DENIED.

IT IS FINALLY ORDERED, ADJUDGED and DECREED that judgment is hereby entered in favor of defendant and against plaintiff in this cause of action.

[213]*213 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

BLANTON, United States Magistrate Judge.

This is an action under 42 U.S.C. § 405(g) for judicial review of the defendant’s final decision denying the plaintiffs application for disability insurance benefits under Title II of the Social Security Act and for supplemental income benefits under Title XVI of the Social Security Act. Both parties have moved for summary judgment and the cause was referred to the undersigned United States Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C. § 636(b).

Procedural History

On November 18, 1991, plaintiff filed for supplemental income benefits pursuant to Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., and on December 23, 1991 plaintiff filed the present application for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 401 et seq., alleging disability by reason of a back injury which he states became disabling September 17, 1991. (Tr. 55-62, 101-4). Plaintiffs applications were denied initially (Tr. 50-54, 88-91) and on reconsideration. (Tr. 46-49, 74-77). Plaintiff requested a hearing which was held on August 20, 1992, before Administrative Law Judge (ALJ) James E. Darst. (Tr. 23 — 45). The ALJ determined that plaintiff was not under a disability at any time on or before the date of the decision. (Tr. 11-18). The Appeals Council denied review of the ALJ’s determination. (Tr. 2-3). Thus, the decision of the ALJ stands as the final determination of the Secretary.

Evidence Before the AU

Plaintiff was present at the hearing and was represented by counsel. At the time of the hearing, plaintiff was forty years of age, measured five feet ten inches, weighed two hundred and ten pounds and had a high school education. Plaintiff is married and has four children, ages eight through twenty. (Tr. 25-26). Plaintiff testified that he had worked at Brown Shoe company as a dock worker from August of 1981 through September of 1991. Plaintiff’s job consisted of operating a forklift, unloading and loading trucks and lifting various items. Plaintiff testified that he lifted fifty pounds on a regular basis (Tr. 27). Plaintiff worked as a feeder checker from 1979 through 1981 for a company that made milk cartons. Plaintiff testified that his job involved a lot of standing, twisting and bending. (Tr. 28). From 1976 through 1979 plaintiff worked at Bur-kart as a laborer baling and stacking foam. (Tr. 29).

Mr. Hall indicated that he was involved in a car accident in 1990 and injured his neck and back. Plaintiff was hospitalized and treated with traction and physical therapy. Plaintiff testified that he was off work for five or six months. Mr. Hall asserted that when he returned to work he went back to his regular job and was pain free. (Tr. 31). Mr. Hall worked until September 17, 1991 when he reinjured his back. (Tr. 31). Plaintiff was treated by a Dr. Holder who prescribed Motrin and physical therapy. (Tr. 31-32). Plaintiff asserted that he was then treated by a Dr. Johnston who took x-rays and indicated that there was nothing that could be done. (Tr. 32). Mr. Hall testified that Dr. Johnston told him he had a degenerative disease in his back. (Tr. 33).

Plaintiff asserted that Dr. Johnston released him with a thirty or thirty-five pound weight restriction. Plaintiff complained that he told Dr. Johnston that it was unrealistic and he could not lift that kind of weight, but he did not have any choice. Plaintiff tried to return to work at Brown Shoe Company, but he was told that they did not have anything for him to do. (Tr. 33). Plaintiff testified that his worker’s compensation claim was still pending. (Tr. 34).

Plaintiff complained that he has constant pain in the middle of his lower back. When the pain gets severe, it radiates to the right side. Plaintiff testified that he gets unbearable pain on his right side about twice a week. (Tr. 34). Plaintiff also testified that he has a little pain and numbness in his left leg. (Tr. 35). Plaintiff complained that he has pain in the lower part of his neck as well. (Tr. 35). Plaintiff maintained that he cannot twist or [214]*214bend Ms neck. He asserted that he can move Ms head from side to side a little but that he does not have a whole lot of movement in Ms neck. (Tr. 36). Plaintiff testified that he can only read for about five or ten minutes before the pain in his neck gets too bad. Mr. Hall asserted that the pain in his neck radiates into his left arm. (Tr. 36). Plaintiff is right-handed. (Tr. 37). ■ Plaintiff complained that the he has only a little pain in his left arm and hand. Mostly, he experiences numbness. He further asserted that sometimes his shoulders ache as well. (Tr. 37). Plaintiff takes Tylenol, Advil, and sometimes Anacin. Plaintiff also uses Heat or Absorbine Junior. Plaintiff testified that he takes Tylenol every two or three hours. (Tr. 37). Mr. Hall indicated that he also takes hot showers to help relieve his pain. (Tr. 43) . Plaintiff wears a lumbar brace. (Tr. 44) . Plaintiff asserted that he had not been to the doctor because he did not have the money and because Dr. Johnston said there was nothing more they could do for him. Additionally, plaintiff asserted that Dr. Johnston told him all the pain medication was doing was giving him ulcers so he takes Anacin instead. (Tr. 44).

Plaintiff testified that he wakes up at about 10:00 or 11:00 in the morning. He indicated that he wakes up late because the pain keeps him up at night. (Tr. 38). Plaintiff stated that when he wakes up in the mormng, his whole back is stiff. (Tr. 38). Plaintiff testified that he spends most of Ms day lying down because it is more comfortable than standing or sitting. He asserted that he cannot concentrate on reading or anything else because of the pain. Plaintiff testified that he elevates his leg when he lies down. (Tr. 39). Plaintiff asserted that he does not do any housework. His wife is unemployed. Plaintiff testified that he does not drive much. He drives to the drugstore which is a couple of blocks away. Mr. Hall testified that his daughter drove the 140 miles to the hearing. The drive was five hours long and they had to stop three or four times, including once so that his daughter could use the restroom. (Tr. 41).

Plaintiff testified that he is able to walk a couple of blocks. (Tr. 41).

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Bluebook (online)
873 F. Supp. 210, 1994 U.S. Dist. LEXIS 19232, 1994 WL 737206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-shalala-moed-1994.