Herbert LISTENBEE, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

846 F.2d 345, 1988 U.S. App. LEXIS 4845, 1988 WL 44995
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 31, 1988
Docket86-2073
StatusPublished
Cited by53 cases

This text of 846 F.2d 345 (Herbert LISTENBEE, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Herbert LISTENBEE, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee, 846 F.2d 345, 1988 U.S. App. LEXIS 4845, 1988 WL 44995 (6th Cir. 1988).

Opinion

PER CURIAM.

Herbert T. Listenbee appeals from the district court’s judgment affirming the Secretary’s determination that Listenbee is not disabled and therefore not entitled to either disability insurance benefits or widower’s insurance benefits. For the following reasons, we remand to the Secretary with instructions to evaluate the medical evidence as it pertains to the criteria outlined in Subsection 4.04(B) to determine whether that evidence establishes an impairment listed in 20 C.F.R. Pt. 404, Subpt. P, App. 1.

I.

On November 5, 1984, Listenbee applied for disability insurance benefits and widower’s insurance benefits claiming an inability to work from September 1, 1983, due to a heart condition and arthritis of the left knee. His applications were denied initially and upon reconsideration. Listenbee then requested an administrative hearing which was held on September 12, 1985. Listen- *347 bee was fifty-nine years old at the time of the hearing.

At the hearing, the following evidence was introduced. Listenbee testified that he was born on May 20, 1926, has a high school education, and is the widower of Myrtis Listenbee. He worked as a tool grinder machinist for Bundy Tubing Corporation for twenty-eight years. He last worked in August of 1983, when Bundy Tubing, because of a work slow-down, transferred him from his grinder job to production line work which he stated he could not perform because it involved too much pulling, lifting, and straining. Lis-tenbee had suffered a heart attack on February 4, 1983, and returned to work in May of 1983. He stated that, upon returning to work, he found he did not have the same energy level as before and could not lift the more than twenty pounds required by the production line work. He added, moreover, that he could not have continued his work as a grinder because he could not sit for long periods of time.

Listenbee further testified at the hearing that he sees Dr. John McGinty every two months for his heart condition. He drives occasionally and spends his days reading and watching television. He tires easily and can sit for no more than one hour without pain. He lies down twice each day. His knees, he added, seldom permit him to walk further than one block. He smokes one pack of cigarettes each day and experiences chest pain when he walks too far or even when he’s just sitting. He finds that nitroglycerine relieves the pain. With vali-um and aspirin, he sleeps well at night. Listenbee takes medication for arthritis and his heart and additionally wears a Ni-trodisc on a continuing basis.

In his disability report, dated November 5, 1984, Listenbee responded that he does his own shopping, laundering, vacuuming, and cooking. He does not, however, shovel snow, sweep, mop, paint or wash walls although he sometimes cuts the grass and washes windows. For his recreational activities, he stated that he fishes and watches television. He visits friends usually on weekends and has no restrictions on his driving. In his reconsideration disability report, dated April 10, 1985, Listenbee stated that he must have help with his housework and cooking. His nerves are bad, and he can’t stand too long because he tires easily.

Moreover, at the hearing, Lawrence S. Zatkin, a certified rehabilitation counselor, testified that the occupation of tool grinder machinist is a highly skilled one and could be characterized as requiring sedentary to medium exertion. He added that if Listen-bee had fatigue which required him to lie down at least once during an eight hour day, it would significantly interfere with his job performance.

The following medical evidence was then introduced at the hearing.

The medical records at St. Joseph Hospital indicate that, on February 4, 1983, Lis-tenbee was admitted to the emergency room suffering from an acute inferior myocardial infarction. While in the intensive care unit, he had one episode of ventricular fibrillation and was resuscitated without any complications. A test performed on Listenbee on February 4, 1983, revealed diffuse antero-lateral subendocardial ische-mia. He was discharged on February 18, 1983, and recovered steadily at home with no further complications.

On April 14,1983, Listenbee underwent a treadmill exercise test at which time his heartbeat, reaching 139 beats per minute, fell short of eighty-five percent of his projected fatigued heart rate of 155 beats per minute. He proceeded through the various stages of exercise to seven METs at which time the test was stopped because Listenbee developed a wide QRS pattern of left bundle branch block. ECG does not show that this was truly an ischemic pattern. McGinty presumed such to be an ischemic change.

A Holter monitor test was conducted on Listenbee on April 27, 1983. McGinty reported that the test disclosed a very rare ventricular early beat, an intermittent short run of superventricular tachycardia with centricular aberrancy, and no evidence of myocardial ischemia at all.

*348 On May 4, 1988, Listenbee was again admitted to St. Joseph Hospital for a suspected recurrent myocardial infarction. A cardiac catheterization was scheduled. Lis-tenbee’s chest pain on this occasion, it was revealed, occurred as the result of an automobile accident in which he was involved.

Dr. Kyung-Soo Kim performed a cardiac catheterization on Listenbee on May 11, 1983. He diagnosed obstructive coronary atherosclerosis and moderate left ventricular systolic dysfunction with posterolateral wall hypokinesis. Dr. Kim stated that Lis-tenbee’s circumflex coronary artery provides two medium sized marginal branches and noted that the main artery was completely occluded in the mid-third segment before the origin of the two distal marginal branches. In a report dated May 13, 1983, Dr. Kim summarized that the cardiac cath-eterization confirmed the clinically suspected severe obstructive coronary atherosclerosis including occlusion of the circumflex coronary artery and subsequent left centri-cular posterior wall myocardial damage. Although not an urgent candidate for coronary revascularization, Dr. Kim recommended such surgery if Listenbee should experience true angina pectoris or significant changes to suggest recurrent myocardial ischemia in the future.

On April 11, 1984, Listenbee was again admitted to St. Joseph Hospital for arthroscopic surgery on his left knee which he had injured one year earlier in an automobile accident. In a preliminary report, Dr. McGinty reviewed Listenbee’s 1983 heart attack and stated that Listenbee has predictable angina when he exceeds a certain level of exertion. The angina has been stable since the heart attack. Following the surgery, Dr. J. Anderson reported that Listenbee tolerated the procedure well and left the operating room in good condition.

Finally, a report from Dr. M. Ragheb, dated December 17, 1984, reiterated that Listenbee claimed disability due to heart disease and arthritis. He stated that Lis-tenbee complained of chest pain only upon severe exertion but that regular exercise does not precipitate the chest pain. He can walk around the block, and he went deer hunting in the fall of 1984, with no discomfort. Listenbee’s pain is relieved immediately with nitroglycerin. His arthritis problem began fifteen to eighteen years ago following back surgery, but he had no pain at the time of the examination.

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846 F.2d 345, 1988 U.S. App. LEXIS 4845, 1988 WL 44995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herbert-listenbee-plaintiff-appellant-v-secretary-of-health-and-human-ca6-1988.