Jimmy R. Lankford v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

942 F.2d 301, 1991 U.S. App. LEXIS 13696, 1991 WL 154760
Court of Appeals for the Sixth Circuit·Decided June 21, 1991·No. 90-6514·Published·Cited by 29 cases

Opinion

PER CURIAM.

Plaintiff Jimmy R. Lankford appeals the district court’s grant of summary judgment affirming the Secretary’s denial of Social Security disability benefits. For the reasons that follow, we reverse.

I.

Lankford filed his application for benefits on April 10, 1985 alleging disability from December 31, 1974 due primarily to mental health problems. An administrative law judge (“AU”) denied Lankford’s application after a hearing on August 16, 1986. The Appeals Council remanded the case for further medical development pursuant to Samuels v. Heckler, 668 F.Supp. 656 (W.D.Tenn.1986) (creating the proper procedure for evaluating mental health claims). On February 14, 1989, an AU again denied Lankford benefits. The Appeals Council denied Lankford’s request for review on August 11, 1989.

On September 7, 1989, Lankford filed this action in federal court seeking review of the final decision of the Secretary pursuant to 42 U.S.C. § 405(g) (1989). Magistrate Robert P. Murrian issued a report and recommendation on March 30, 1990, recommending that the decision of the Secretary be reversed and that benefits be provided without further remand. No objections were filed to the magistrate’s report. However, on September 27, 1990, the district court rejected the magistrate’s recommendation and entered a judgment affirming the decision of the Secretary.

The facts and medical history underlying Lankford’s claims of disability are essentially not in dispute. Lankford was last eligible for disability insurance on June 30, 1979. He was thirty-four years old at the time his insured status expired. The AU found that there was no evidence to suggest that Lankford had been engaged in substantial gainful employment since the alleged onset date. His past relevant work includes work as a dairy worker in 1969-70. He also worked as a maintenance man mopping and cleaning floors, mowing the grounds and doing some electrical work. The AU also found that Lankford had had an unsuccessful work attempt in 1978 when he tried to work as a nurse’s aide but could not perform the work. He also worked briefly as a mobile home mechanic.

A. Evidence prior to June 30, 1979

While Lankford complains of mental ailments since 1964, he began receiving treatment fairly regularly through the Veteran’s Administration (“VA”) in 1974. 1 On *303 March 28, 1974, Dr. Charles M. Robinson, clinical psychologist at the VA Hospital in Atlanta, Georgia (“VAHG”), performed an intake interview with Lankford and reported one of his chief symptoms was difficulty controlling his temper. Dr. Robinson noted that Lankford acknowledged problems dealing with others during his military service, especially with those of higher rank; that his wife recently had him arrested for aggravated assault; and that he had been arrested previously for assault during a family brawl. Dr. Robinson noted that Lankford was not forthcoming with information during the interview and that he revealed “much socially maladaptive behavior.” J. App. at 158. Dr. Robinson diagnosed “an Anxiety Reaction in an individual with a passive-aggressive personality structure.” Id.

Ms. Prentice Reynolds, the psychiatric social worker assigned to Lankford’s case at the VAHG, reported in her February 6, 1975 progress notes that Lankford had been fired from his job at a dialysis clinic. She observed: “He has lost several jobs in the past few years and it appears to be due to [patient’s] inability to get along with others.” Id. at 162.

On March 20, 1975, after psychological testing, Lankford was diagnosed as having passive-aggressive personality disorder, depressive reaction, chronic alcoholism and suspected incipient organic brain syndrome. Id. at 154. This report, prepared by Dr. Shirley S. LaRoche, staff psychologist at the VA Hospital in Murfreesboro, Tennessee (“VAHT”), also indicated that Lankford’s psychological profile showed an individual with a passive-aggressive personality, “schizoid features manifested by a degree of paranoid ideation, sexual conflict and maladjustment, withdrawal and regression, [and] a degree of mood fluctuation is prevalent from depression to periods of euphoria.” Id. Dr. LaRoche also noted that Lankford experienced “blackout” spells and that he admitted to thirteen years of alcohol abuse. She also noted suicidal ideation. Id.

On March 29, 1975, Lankford was readmitted to VAHT after having been discharged two days earlier. He was discharged twenty-one days later with a diagnosis of passive-aggressive personality disorder and alcoholism. In September 1975 he was again admitted to the hospital after having taken an overdose of valium. He apparently had quarrelled with his wife and was having extreme anxiety because of separation from her. He also complained of insomnia, anorexia, crying spells and marital problems. The AD found that with treatment, Lankford adjusted to the idea of a divorce from his wife. Id. at 17.

On June 15,1976, Lankford again sought admission to VAHT claiming that he had overdosed on his medication. The nurse noted a suspicion that this might have been a manipulative gesture to get into the hospital. Later, Lankford admitted that he found admission to the hospital helpful as a way to “get his life back together.” The doctor noted that Lankford seemed to be experiencing stress from his extended family.

On June 16, 1976, Lankford was admitted to VAHT for alcohol abuse and passive-aggressive personality disorder. He was treated there for 14 days.

The next incident occurred on May 27, 1977, when Lankford was admitted to the VA Hospital in Gainesville, Florida (“VAHF”) for forty-seven days after he lost control and “ ‘slapp[ed] his wife’ during an anxiety attack.” Id. at 172. Dr. Director, his treating physician, at first thought that Lankford’s symptoms, including anxiety, behavior problems and a persistent tremor in his hand were due to alcohol abuse. However, after more extensive examination of Lankford and his history, the doctor determined that the hand tremor was genetic, finding such a tremor in both Lankford’s father and brother, who do not abuse alcdhol. During this period Lankford reportedly stated that alcohol was the only drug, prescribed or otherwise, *304 which gave him relief for his anxiety and his hand tremor. Indiral was prescribed for the tremor with good results. Antidepressants and tranquilizers were also prescribed and seemed to help.

Lankford spent another week at the VAHF in September 1977 for depression and insomnia. He was released on September 22, 1977, and the physicians noted that he was “considered stable regarding his affect and mood.” Id. at 174. Two days later, after returning home, he was involved in a physical altercation with his neighbor and ended up in jail. The police transferred him to the VAHF on September 24, where he was admitted to avoid harm to himself and others in light of the fact that “[a]t the time of admission, the patient was judged to have homicidal ideation.” Id.

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Jimmy R. Lankford v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, 942 F.2d 301, 1991 U.S. App. LEXIS 13696, 1991 WL 154760 (6th Cir. 1991).

942 F.2d 301 (Jimmy R. Lankford v. Louis W. Sullivan, M.D., Secretary of Health and Human Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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