Hudson v. Bowen

870 F.2d 1392, 1989 U.S. App. LEXIS 3102, 1989 WL 21535
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 15, 1989
DocketNo. 88-2193 EM
StatusPublished
Cited by38 cases

This text of 870 F.2d 1392 (Hudson v. Bowen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hudson v. Bowen, 870 F.2d 1392, 1989 U.S. App. LEXIS 3102, 1989 WL 21535 (8th Cir. 1989).

Opinion

H. FRANKLIN WATERS, District Judge.

George Hudson appeals the district court’s decision denying his application for disability insurance benefits under Title II and XVI of the Social Security Act, 42 U.S.C. § 401 et seq. For the reasons discussed, we reverse the judgment of the district court.

I. BACKGROUND

George Hudson filed an application for social security disability benefits under Title II on December 30, 1980, claiming a disability onset date of May 26, 1977. The Secretary denied Hudson’s application on February 9, 1981, and this determination was not pursued. Mr. Hudson’s disability insured status expired on September 30, 1980.

Subsequently, on December 26,1984, Mr. Hudson applied for disability benefits under Title II and Title XVI again claiming a disability onset date of May 26, 1977. Mr. Hudson alleges that he became unable to work from May 26, 1977, because he suffers chronic low back pain secondary to degenerative joint disease and degenerative joint disease of the knees. Additionally, Hudson allges he suffers from residual paresis stemming from a cerebral vascular incident.

Hudson’s application was denied both initially and on reconsideration. At Hudson’s request, a hearing was held before an Administrative Law Judge (AU) on July 16, 1985. The AU concluded that appellant did not have a severe impairment with regard to his claim for Supplemental Security Income benefits and that the decision of February 9, 1981, was res judicata as to the Title II benefits. The AU also found that appellant’s subjective evidence concerning pain and disability prior to the expiration of his insured status was not credible.

The appeals council, May 26,1986, denied appellant’s request for review of the AU’s decision. Thus, the AU’s recommended decision stands as the final decision of the Secretary. Hudson sought judicial review of the Secretary’s decision denying benefits.

The district court in its June 24, 1987, order concluded that the AU had considered the entire case on the merits. This decision rendered judicial review appropriate to the extent the disability claim is treated as having been reopened as a matter of administrative discretion. See Jelinek v. Heckler, 764 F.2d 507, 508-09 (8th Cir.1985). The case was then referred to Magistrate William S. Bahn who recommended that the Secretary’s motion for summary judgment be granted. The Magistrate in his recommendations incorporat[1394]*1394ed the district court’s finding that the prior determination had been reopened. The district court accepted this recommendation and Hudson now appeals.

Hudson is fifty-three years old and has a high school education. In the past he has worked as a meat cutter, machinist, and supervisor. In 1977, Hudson quit his job due to back trouble and two strokes, which he claims made him unable to work.

At the hearing before the AU, Hudson gave testimony concerning his medical background which led to his disablement. Hudson complained of lower back pain and sharp pain in his legs which he stated had been virtually constant for ten years. Hudson stated he has trouble bending, suffers from dizziness, and is in pain if he remains standing or sitting for more than thirty minutes at a time. Hudson also suffers from numbness in his arms and hands. Hudson’s daily activities consist primarily of reading and watching television while sitting or lying down. Hudson stated he attempts to help his wife with the dishes and shopping. He does not engage in social activities and has no hobbies. He does very little yard work.

Medical evidence submitted at the hearing included records from the University of Missouri Medical Center at Columbia. Those records show he was hospitalized in May of 1978 for a cerebral vascular accident or stroke. In July, 1978, he underwent a rheumatologic consultation at the University of Missouri Medical Center Clinic where he was diagnosed as having chronic low back pain secondary to degenerative disc disease and a lumbosacral muscle strain. He was also diagnosed as having degenerative joint disc disease of the knees.

In addition to the hospital reports the medical evidence included reports of various treating physicians. The evidence revealed that Hudson suffered from moderately advanced degenerative changes throughout the lumbar spine, a generalized arthritic process, and chronic bronchitis. On July 15, 1985, Hudson was seen by Dr. John W. Payne who noted marked degenerative arthritic changes of L4 and L5 with almost complete blockage of L5-S1. Dr. Payne further noted degenerative changes throughout his spine.

The AU in regard to Hudson’s Title II claim found “there is no new or material evidence to warrant reopening the prior determination and since the claimant is not insured for disability insurance benefits after September, 1980, that decision is res judicata.” In regard to Hudson’s claim for Supplemental Security Income the AU found that although there was evidence of “mild residuals of CYA and degenerative joint disease,” Hudson had not met the severity requirement of the second step of the sequential evaluation process,1 and was therefore not disabled.

On appeal, Hudson argues that the Secretary improperly applied the step two severity test in light of Bowen v. Yuckert, 482 U.S. 137, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). In addition, Hudson argues that the AU’s determination of no disability was not supported by substantial evidence.

II. DISCUSSION

Appellee initially contends that the district court erred in finding that the AU reopened the Title II denial determination of February 9, 1981.2 We agree. It is well-settled that the decision not to reopen a prior dismissal of an earlier application is [1395]*1395not reviewable under Califano v. Sanders, 430 U.S. 99, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977). However, a claim may properly be treated as having been reopened as a matter of administrative discretion where the Secretary reconsiders the merits of the application previously denied. See Underwood v. Bowen, 807 F.2d 141 (8th Cir.1986); Jelinek v. Heckler, 764 F.2d 507 (8th Cir.1985). “Consequently, the final decision of the Secretary denying such a claim is also subject to judicial review to the extent it has been reopened.” Jelinek, 764 F.2d at 508-09 (citations omitted). Thus, Jelinek provides a narrow exception to Califano. See Underwood v. Bowen, 807 F.2d at 143.

The narrow exception created by Jelinek does not apply to this case. A review of the record indicates the AU merely recited the evidence accompanying the application to determine whether there were sufficient grounds to reopen the prior application. See 20 C.F.R.

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Bluebook (online)
870 F.2d 1392, 1989 U.S. App. LEXIS 3102, 1989 WL 21535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-v-bowen-ca8-1989.