Harley T. TALBOT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

814 F.2d 1456, 1987 U.S. App. LEXIS 3314, 17 Soc. Serv. Rev. 129
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 16, 1987
Docket85-1977
StatusPublished
Cited by232 cases

This text of 814 F.2d 1456 (Harley T. TALBOT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harley T. TALBOT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee, 814 F.2d 1456, 1987 U.S. App. LEXIS 3314, 17 Soc. Serv. Rev. 129 (10th Cir. 1987).

Opinion

STEPHEN H. ANDERSON, Circuit Judge.

Harley Talbot applied twice for Social Security disability insurance benefits, first on June 9, 1982, and again a year later on June 13, 1983. Both applications were denied by the Social Security Administration (“SSA”), and Talbot (“claimant”) appealed the second denial to an administrative law judge (“AU”). His appeal was denied by the AU, and the Appeals Council of the Secretary of Health and Human Services affirmed the denial. The claimant then sought review in federal district court, where the administrative actions were upheld. The claimant now appeals from the district court’s adverse ruling. We reverse, on the basis that substantial evidence does not support the AU’s decision that the claimant could engage in a full range of light work.

BACKGROUND

The claimant is a fifty-six-year-old man who has not been gainfully employed since October 10, 1981. He has a recent history of heart disease, lung disease, and liver disease. He attended public schools through the eighth grade and received the *1458 equivalent of a twelfth grade education via correspondence courses. For over thirty years, he worked on a variety of jobs in highway, bridge, dam, and pipeline surveying and construction, work requiring medium to heavy exertion. Among other jobs, he held the position of “public works inspector,” “construction superviser,” and “field engineer.”

Over the past several years, Mr. Talbot has experienced an increasing number of health problems, including blackouts and dizzy spells. He complains of chest pain, back pain, and shortness of breath upon exertion. His treating physicians have found objective evidence of atrial fibrillation (irregular contractions of the atrium of the heart) and atherosclerotic heart disease (heart disease involving degeneration of the arteries). During the claimant’s initial application process for Social Security insurance benefits in mid 1982, treating physician Dr. Beryl R. McCann reported that the claimant was suffering from atrial fibrillation and congestive heart failure subsequent to pneumonia, for which he was hospitalized in late 1980. Dr. Alice D. Cox, who examined the claimant in mid-1982 at the request of the SSA, did not find congestive heart failure but did confirm atrial fibrillation probably secondary to atherosclerotic heart disease. After ordering tests of pulmonary function, she also concluded that the claimant suffered from chronic obstructive pulmonary disease. A few months later, during the reconsideration of the claimant’s first application, Dr. McCann reported that the claimant was basically physically incapacitated, citing his heart problems, hypertension, intermittent chest pain, and blackout episodes.

By the time of the claimant’s second application for benefits, a report was available from treating physician, Dr. Billy Joe Matter, who had examined the claimant in January of 1983 and diagnosed both lung and heart disease. In addition, Dr. Matter reported signs of liver disease, concluding that the claimant could not perform ordinary manual labor and could work only in a “limited sedentary situation.” Another treating physician, Dr. Wallace Byrd, reported in June 1983 that the claimant was permanently disabled as a result of his heart disease, hypertension, liver disease, unstable angina, and intercurrent infection. Dr. Byrd continued to see the claimant over a period of ten months from June 1983 to April 1984. In a hospital discharge summary, filed in April 1984, three months after the ALJ's decision, Dr. Byrd reported that the claimant had suffered another blackout spell and had been admitted to the hospital for unstable angina.

In addition to the four physicians who examined the claimant, two SSA consulting physicians reviewed the claimant’s medical records during the initial application process. On August 3, 1982, Dr. Thurma Jo Fiegel reviewed the records, concluding that the history of congestive heart failure was questionable, the chest pain was not of cardiac origin, and the results of the pulmonary function tests did not meet the levels required by Appendix 1 of the Social Security regulations for disabling chronic pulmonary disease.

Another consulting physician, Dr. Patrick Barnes, reviewed the medical records on November 10, 1982 — while claimant’s request for reconsideration of the initial denial was under review — and agreed with Dr. Fiegel’s report with respect to congestive heart failure, chest pain, and lung disease. However, he found the claimant to be moderately impaired and to have a number of job restrictions, including restrictions against working at unprotected heights and driving automotive equipment.

During the claimant’s second application process, the SSA consulted another physician, Dr. John R. Adair. Like Dr. Cox before him, Dr. Adair actually examined the claimant. In a report dated July 23, 1983, Dr. Adair confirmed the atrial fibrillation but found the claimant to be “quite suggestible and vague.” R. Vol. II at 163. At the request of Dr. Adair, a medical technician conducted a new set of pulmonary function bests. The technician, while noting the claimant’s complaint that his chest pain was limiting his efforts, concluded that the claimant’s performance represented less than maximum effort. Dr. Adair concluded that he could not detect adequate organic pathology to verify the *1459 extent of the claimant’s subjective physical complaints, citing the “uncertainty of the data base.” R. Vol. II at 165. Finally, another review of the medical records by Dr. Fiegel, in September 1983, produced a cursory and unexplained conclusion that the claimant was slightly impaired.

Basically, what we have is two sets of somewhat conflicting medical reports. The treating physicians and Dr. Cox, the first SSA consulting physician, conclude that the claimant has atrial fibrillation and heart disease, accompanied by a number of credited physical symptoms, including dizziness, blackouts, chest pain, shortness of breath and substemal pressure upon exertion. Some of these same physicians also note lung disease, hypertension, and evidence of liver disease. Dr. Byrd characterizes the chest pain and substernal pressure as unstable angina. On the other hand, the remaining three consulting physicians, while noting the evidence of heart and lung problems, do not comment on the liver disease and do not interpret the objective medical evidence as sufficiently supporting the claimant’s extensive physical symptoms.

The claimant appeared before the AU without the benefit of counsel. After hearing his testimony and allowing him an opportunity to comment on any perceived errors in the documentary evidence, the AU concluded that the claimant was not disabled as that term is defined by the Social Security Act. The AU first found that the claimant had not been substantially gainfully employed since October 10, 1981, and that he had an impairment. However, he found that the impairment did not meet or equal one of the impairments in Appendix 1 of the Social Security Act regulations, by which the claimant would have automatically qualified as disabled. He therefore went on to explore the claimant’s ability to either return to his past work or to engage in other work, as required by the regulations. The AU found that the claimant could not return to his past work requiring medium to heavy exertion because his residual functional capacity (“RFC”) would not allow it.

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814 F.2d 1456, 1987 U.S. App. LEXIS 3314, 17 Soc. Serv. Rev. 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harley-t-talbot-plaintiff-appellant-v-margaret-m-heckler-secretary-of-ca10-1987.