Jacob E. Lester, Jr. v. Richard S. Schweiker, Secretary of Health and Human Services

683 F.2d 838, 1982 U.S. App. LEXIS 17567
Court of Appeals for the Fourth Circuit·Decided July 9, 1982·No. 81-1904·Published·Cited by 315 cases

Opinions

SPROUSE, Circuit Judge:

Jacob E. Lester, Jr., appeals from the judgment of the district court upholding the Secretary of Health and Human Services’ decision denying his claim for a period of disability and disability insurance benefits pursuant to Title II of the Social Security Act. 42 U.S.C. §§ 401-431, as amended. An Administrative Law Judge ruled on March 13, 1980, that Lester was unable to return to his former work, but could engage in other substantial gainful activity which is available in the economy. After the ALJ’s decision became the final decision of the Secretary when adopted by the Appeals Council on August 26,1980, Lester initiated this action for judicial review pursuant to 42 U.S.C. § 405(g). The district court granted the Secretary’s motion for judgment on the pleadings pursuant to Fed.R. Civ.P. 12(c), holding there was substantial evidence to sustain his decision. We disagree, reverse, and remand for award of benefits.

Lester is fifty years of age, married, has a fifth grade education and lives in Stovall, North Carolina. He last worked in July 1973 as a scouring train operator (one who cleans raw wool in a textile mill). He originally applied for a period of disability and disability insurance benefits on August 30, 1973,1 alleging disability beginning July 26, 1973, due to numerous health problems, including: (1) loss of use of his left arm due to the fusion of his left wrist and loss of use of three fingers on his left hand; (2) limited use of his right arm, due to a shrapnel wound which limits the extension and degree of motion in his right elbow; (3) double vision;2 (4) shortness of breath and bronchial asthma; (5) an inguinal hernia; (6) arthritic knees; (7) frequent headaches; (8) hearing loss in the high frequencies; (9) mild dragfoot gait disturbance in his left foot; and (10) pain.3

Lester testified that after leaving the job at the textile mill he attended a technical [840] high school for two and one-half years studying law enforcement, but had a difficult time keeping up due to his eye injury and headaches, and did not complete the course. In addition, he could not get a position in that field, he said, because of his physical disabilities. He also testified that he went to the unemployment agency in Henderson, North Carolina in 1973 to look for work, but that the people there told him not to come back because he could not be employed as long as he was disabled. Lester sought employment at a couple of places on his own, including Burlington Mills, but was unsuccessful. At his second hearing, Lester demonstrated he could not handle money very well and stated that he could not handle a cash register easily, nor could he handle jobs that required walking, reading or lifting. Prior to his military service he was a farm hand, and since his discharge was employed in heavy labor; he has never been trained for anything else. He received a 100% disability rating from the Veterans Administration.

The standard of review which we must apply in this case is, of course, well settled. [841] Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) provides that “[t]he findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive.” And this court has held that “[i]f there is substantial evidence on the record as a whole to support the Secretary’s finding we must accept it although we might disagree.” Hayes v. Gardner, 376 F.2d 517, 520 (4th Cir. 1967).

Equally well-settled, however, is that once a claimant has presented a prima facie case of total and permanent disability with respect to his normal work, the burden shifts to the government to go forward with proof that he has the residual capacity for substantial gainful activity. Noe v. Weinberger, 512 F.2d 588 (6th Cir. 1975). Moreover, the government is required to show more than that other work is available in the national economy; it must prove by substantial evidence that the claimant has the vocational qualifications to perform specific jobs. Taylor v. Weinberger, 512 F.2d 664 (4th Cir. 1975). In meeting its burden, the government, of course, must demonstrate that the claimant can work despite the accumulated effect of all of his disabilities. Dressel v. Califano, 558 F.2d 504 (8th Cir. 1977); Hicks v. Gardner, 393 F.2d 299 (4th Cir. 1968).

The medical evidence at the first hearing consisted of Lester’s medical records from the Veterans Administration Hospital in Durham, North Carolina, and the testimony of Dr. Thomas E. Castelloe, an orthopedic surgeon.

The VA hospital’s records indicated many visits by Lester over the years, that he complained of constant pain and dizziness for a year and a half before quitting his job in 1973, and that this affected his equilibrium.

Dr. Castelloe testified:

[T]he medical evidence indicates impairment of function of both upper extremities. The impairment of function of the left upper extremity consists of a fusion of the left wrist in a good position with deformities of the fingers consisting of contractures of the fingers so they are held in a flexed position. With this being most marked in the middle, ring and little fingers. And to a lesser extent in the thumb and index finger.
The function of the left elbow, left shoulder is good. And the right upper extremity, the main impairment of function is in the right elbow, with limited motion, with the range of motion existing consisting of a limitation of 45 degrees extension and 10 degrees limitation of flexion.

Then Dr. Castelloe also testified that “locking” of the right arm after heavy use, as described by Lester, was consistent with the medical condition of the right elbow.

The medical evidence at the second hearing consisted of reports of examinations by Dr. C. B. Finch, a general practitioner, Dr. Edwin T. Preston, an orthopedic surgeon, Dr. Donald D. Neish, an internist, Dr. G. T. Kiffney, Jr., an ophthalmologist, Dr. S. M. Freedman, a psychiatrist and neurologist, and an evaluation based on. these reports by Dr. Chauncey L. Royster, an internist.

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Jacob E. Lester, Jr. v. Richard S. Schweiker, Secretary of Health and Human Services, 683 F.2d 838, 1982 U.S. App. LEXIS 17567 (4th Cir. 1982).

683 F.2d 838 (Jacob E. Lester, Jr. v. Richard S. Schweiker, Secretary of Health and Human Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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