James A. HUTCHISON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

787 F.2d 1461, 1986 U.S. App. LEXIS 24625, 13 Soc. Serv. Rev. 238
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 25, 1986
Docket84-8724
StatusPublished
Cited by104 cases

This text of 787 F.2d 1461 (James A. HUTCHISON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James A. HUTCHISON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee, 787 F.2d 1461, 1986 U.S. App. LEXIS 24625, 13 Soc. Serv. Rev. 238 (11th Cir. 1986).

Opinions

HILL, Circuit Judge.

Appellant appeals the denial of his claim for Social Security disability benefits. Specifically, he claims the Secretary erred in failing to properly apply the listing for ischemic heart disease set forth in 20 C.F.R. Part 404, Subpart P, Appendix 1, section 4.04 (“the listings”) and in the use of the medical-vocation guidelines, 20 C.F.R. Part 404, Subpart P, Appendix 2, (“the grids”), to find him not disabled. Appellant also disputes the district court’s finding on remand that appellant’s proffer did not constitute substantial evidence of a lesser ability to adapt to a new work environment than that presumed by the grids for a person of his age.

FACTS

Appellant James A. Hutchison was born on July 25, 1927 and was 53 years old at the time he suffered a myocardial infarction in March of 1981. On June 17, 1981, appellant filed an application for disability insurance benefits. The Social Security Administration subsequently determined that appellant was not disabled and affirmed this determination upon a request for reconsideration. Appellant requested a hearing to review the denial of his claim. At this hearing, conducted on October 15, 1981, results from a coronary catheterization and subsequent electrocardiograms were introduced which indicated that appellant suffered from a complete right bundle branch block, occasional premature ventricular contractions of the heart, and several coronary arteries occluded to varying degrees. Appellant testified he had a seventh grade education, had worked as a truck driver for 28 years, and had last worked on March 19, 1981. He further testified that he continues to experience chest pain and doctors had advised him to retire from his job because of his medical condition. On February 22, 1982, the Administrative Law Judge issued his decision ruling that appellant was not entitled to disability benefits.

After the Appeals Council denied a request for review, appellant challenged the Secretary’s decision before the district court, which upheld the Secretary’s decision. On appeal to this court, we granted the Secretary’s motion to remand to the district court for proceedings pursuant to Reeves v. Heckler, 734 F.2d 519 (11th Cir. 1984). Appellant subsequently made a Reeves proffer to the district court along with a motion to have the case remanded to the Secretary. The district court found that appellant’s proffer did not constitute substantial evidence of a lesser ability to adapt to a new work environment than that presumed by the grids for a person of his [1463]*1463age and denied appellant’s motion, appeal followed. This

DISCUSSION

20 C.F.R. § 404.1520 (1985) provides for a sequential evaluation process to determine whether a claimant is entitled to Social Security disability benefits. The Secretary employs the following step-by-step analysis in evaluating a claimant’s disability claims: (1) whether the claimant is engaged in gainful employment; (2) whether claimant suffers from a severe impairment which has lasted or can be expected to last for a continuous period of at least twelve months; (3) whether claimant suffers from any of the impairments set forth in the listings of impairments provided in Appendix 1; (4) whether the impairments prevent claimant from returning to his previous work; and (5) whether claimant is disabled in light of age, education, and residual functional capacity. Ambers v. Heckler, 736 F.2d 1467, 1470-71 (11th Cir.1984). Should a person be determined disabled or not disabled at any stage of the above analysis, further inquiry pursuant to the analysis ceases. Accordingly, if a claimant’s condition meets an impairment set forth in the listings, the claimant is adjudged disabled without considering age, education, and work experience. 20 C.F.R. § 404.1520(d).

In the present action appellant contends that the AU did not properly consider whether appellant met any of the impairments listed in Appendix 1 and that this failure to follow the sequential analysis set forth in 20 C.F.R. § 404.1520 constitutes harmful error. We find, however, that while the AU did not explicitly state that the appellant’s impairments were not contained in the listings, such a determination was implicit in the AU’s decision. The AU was obviously familiar with the sequential evaluation process. His statement of the relevant law recognized that an affirmative determination regarding the applicability of any Appendix 1 listing, the third step of the disability analysis, would require a determination that the appellant was disabled. Yet the record indicates that the AU reached the final two steps of the analysis when he determined that the appellant was unable to perform his past work and that he did have the residual capacity for at least light work. While Appendix 1 must be considered in making a disability determination, it is not required that the Secretary mechanically recite the evidence leading to her determination. There may be an implied finding that a claimant does not meet a listing. Edwards v. Heckler, 736 F.2d 625, 629 (11th Cir. 1984). We thus consider it clear that the AU, in reaching the fourth and fifth steps of the disability analysis, implicitly found that appellant did not meet any of the Appendix 1 impairments.

Appellant alternatively asserts that even if the Secretary properly addressed and impliedly found that appellant did not meet any of the listings, there does not exist sufficient evidence to support such a finding. The proper standard in reviewing the Secretary’s findings of fact is whether there is substantial evidence to support those findings and inferences. Simpson v. Schweiker, 691 F.2d 966, 969 (11th Cir. 1982). In undertaking this review, we observe initially that the applicable Appendix 1 listings vary according to whether the results of an acceptable treadmill test are available. We conclude that the results of the treadmill stress test performed on appellant and considered by the AU were acceptable within the meaning of the Secretary’s regulations, as set forth in section 4.00(F) and (G) of Appendix 1, and thus the applicable listings are those found in sec: tion 4.04(A).

As support for our conclusion, we note that the record contains clear legible copies of the test performed, appropriately labeled with appellant’s name and the date of the test. The copies indicate the end of each of the three stages of Bruce/Protocol attained, when appellant was standing and hyperventilating, that the test was terminated after nine minutes, and the appellant’s status at 12, 14, 15, 18, 21, and 22 minutes. Further, examination of appro[1464]

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787 F.2d 1461, 1986 U.S. App. LEXIS 24625, 13 Soc. Serv. Rev. 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-a-hutchison-plaintiff-appellant-v-otis-r-bowen-secretary-of-ca11-1986.