Johnson v. Sullivan

740 F. Supp. 627, 1990 U.S. Dist. LEXIS 7825, 1990 WL 86700
CourtDistrict Court, E.D. Arkansas
DecidedJune 21, 1990
DocketNo. LR-C-89-881
StatusPublished

This text of 740 F. Supp. 627 (Johnson v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Sullivan, 740 F. Supp. 627, 1990 U.S. Dist. LEXIS 7825, 1990 WL 86700 (E.D. Ark. 1990).

Opinion

ORDER

ROY, District Judge.

Plaintiff brought this action pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for review of a final decision of the Secretary of Health and Human Services denying his claim for a period of disability and for disability insurance benefits under §§ 216(i) and 223 of Title II of the Act, 42 U.S.c. §§ 416(i) and 423.

Plaintiff filed an application for disability insurance benefits on February 17, 1987, alleging he became disabled on August 15, 1986 as the result of a back injury. The State Agency and the Social Security Administration denied plaintiff’s application initially and on reconsideration. Pursuant to plaintiff’s request, a hearing de novo before an administrative law judge (hereinafter referred to as “AU”) was held on November 23, 1987, at which plaintiff and his spouse appeared, with counsel. The AU found plaintiff not disabled on March 23, 1988. The Appeals Council remanded the case to an AU by order of August 5, 1988 for further administrative proceedings. A supplemental hearing was held on January 19, 1989, at which plaintiff, his counsel and a vocational expert appeared. The AU issued a decision on June 5, 1989, that plaintiff was not disabled within the meaning of the Social Security Act. The Appeals Council denied plaintiff’s request for review of the hearing decision on September 7, 1989. The decision of the AU therefore became the final decision of the Secretary. The Court has reviewed the transcript in this matter and makes the following findings and conclusions.

At the time of the Secretary’s final decision, plaintiff was 49 years of age. He has a 12th grade education and past relevant work experience as a heavy equipment mechanic. At his initial hearing in November 1987, plaintiff testified that he had pain in the lower part of his back and that his leg hurts all the time. He also testified that he had pain in his neck — a sharp pain and sometimes dull pain. He stated that this pain affected his emotional stability and his ability to concentrate. He also testified that he was depressed, although he had no crying spells. Plaintiff stated that he took only Ecotrin on a regular basis for his pain and that he had no side effects. He also stated that he walked occasionally and did not sleep during the day. He stated that he was no longer able to maintain a garden, feed cows or bushhog his field.

Plaintiff’s spouse testified that plaintiff could not continue to build their house, cut wood or assist in installing a motor in a vehicle, as he once would have been able to do. She stated that he could not bend over to do anything.

[629]*629In his Disability Supplemental Review Outline dated April 21, 1987, plaintiff reported as follows:

I usually get up in the mornings, take care of normal business, eat breakfast, carry our school age son to catch the school bus V2 mile from our house, return home and help my wife with some of the house chores, or go visit with some of our friends or relatives. I spend a good bit of time just out walking around over the place or in the area.

Plaintiff described changes in his routine since his condition began as follows:

Before hurting my back I would come home & work around the place or work 2 shifts on my regular job at times. I no longer do any of that.

He stated that he was usually in bed about 7 hours per night, but described problems while trying to sleep. He stated that he gets along well with those who live in his household with him and that there were no changes in this since his condition began. Although he has pain getting up or down or bending, he stated that he could take care of his personal needs. He also said that he helps his wife do some of the laundry work or carries out the scraps. He does shopping for mostly food items on a bi-weekly basis, but his wife carries the heavier items. He reads the Bible and quarterlies and newspaper on a daily basis, and watches the news and weather. He is no longer able to do very much hunting or fishing. He is also active in the church.

At his supplemental hearing held January 19, 1989, plaintiff testified that protracted standing and sitting hurt his back. He stated that he could do no climbing or stooping. He again testified that he takes Ecotrin daily for his pain, and that although it does not relieve his pain entirely, it helps sometimes. Plaintiff further stated that he takes Darvocet N-100 for pain only on an occasional basis. He also stated that he walks two or two and one-half miles on a typical day, and again referred to attendance at church services.

Joe Walthall, E.D., a vocational expert, testified that plaintiffs past relevant work as a heavy equipment mechanic was skilled, and that plaintiff possessed transferable skills such as practical knowledge of machinery, understanding of charts and technical manuals, and use of basic hand tools. Dr. Walthall cited the jobs of folding machine operator and tag machine operator, 220 each of which existed in the Little Rock statistical area. He also stated that preparation time for those jobs was less than 30 days.

After considering all of the evidence, the AU found that the plaintiff had an L4-5 disc impairment and chronic open angle glaucoma, but that he did not have an impairment or combination of impairments listed in, or medically equal to one listed in Appendix 1, Subpart P, Regulations No. 4. He found that the plaintiffs subjective allegations were not considered fully credible in light of the total evidence of record. The AU concluded that the plaintiff had the residual functional capacity to perform the physical exertion and nonexertional requirements of work except for repetitive bending, stooping or climbing or engaging in sustained strenuous physical exertion. He found that based on an exertional capacity for light work, and the plaintiffs age, education, and work experience, the plaintiff was not disabled within the meaning of the relevant regulations.

The plaintiff raises four arguments in support of his position that there was not substantial evidence to support the AU’s findings:

1. That the AU failed to properly consider his subjective complaints;

2. That the AU failed to consider Dr. Duncan’s opinion that the plaintiff was disabled;

3. That the AU failed to meet his burden of proof;

4. That the AU failed to properly develop the record.

The role of the Court under 42 U.S.C. § 405(g) is to determine whether there is substantial evidence in the record to support the decision of the Secretary, and not to reweigh the evidence or try the issues de novo. Sykes v. Bowen, 854 F.2d 284, 285 (8th Cir.1988). If supported by [630]*630substantial evidence, the Secretary’s findings are conclusive and must be affirmed. Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 1422, 28 L.Ed.2d 842 (1971). Substantial evidence is more than a scintilla, less that a preponderance, and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Id. at 401, 91 S.Ct.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Savannah McGhee v. Patricia R. Harris
683 F.2d 256 (Eighth Circuit, 1982)
Williams v. Bowen
790 F.2d 713 (Eighth Circuit, 1986)

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Bluebook (online)
740 F. Supp. 627, 1990 U.S. Dist. LEXIS 7825, 1990 WL 86700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-sullivan-ared-1990.