Jones v. Bowen

696 F. Supp. 1415, 1988 U.S. Dist. LEXIS 13653, 1988 WL 111497
CourtDistrict Court, D. Kansas
DecidedSeptember 30, 1988
DocketCiv. A. No. 86-1793
StatusPublished
Cited by1 cases

This text of 696 F. Supp. 1415 (Jones v. Bowen) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Bowen, 696 F. Supp. 1415, 1988 U.S. Dist. LEXIS 13653, 1988 WL 111497 (D. Kan. 1988).

Opinion

OPINION AND ORDER

THEIS, District Judge.

This case is presently before the court on defendant’s motion to affirm the Secretary’s decision and the plaintiff’s motion for summary judgment. Plaintiff seeks a ruling that he has been disabled and entitled to benefits since January 27,1985. By order dated October 21, 1987, the court remanded the action to the Secretary. The court ordered the Secretary to fully articulate his reasons for finding the plaintiff's testimony to be incredible and to reexamine the application of the grid regulations. On remand, the Appeals Council accepted additional exhibits and issued a five page decision denying plaintiff’s application for benefits and explaining its witness credibility findings. This decision now stands as the final decision of the Secretary.

The standard of review in this case is established by 42 U.S.C. § 405(g), which provides that “the finding of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive ...” Substantial evidence is that evidence which a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). It is not the duty of the court to reweigh the evidence. Garrett v. Califano, 460 F.Supp. 888, 890 (D.Kan.1978); Manigan v. Califano, 453 F.Supp. 1080, 1086 (D.Kan.1978). Substantial evidence, however, must be more than a mere scintilla. Perales, 402 U.S. at 403, 91 S.Ct. at 1428. It is the court’s duty to scrutinize the entire record to determine whether the Secretary’s conclusions are rational. Keef v. Weinberger, 404 F.Supp. 1193, 1196 (D.Kan.1975). In applying these standards, the court must keep in mind that the purpose of the Social Security Act is to ameliorate some of the rigors of life for those who are disabled or impoverished. Dvorak v. Celebrezze, 345 F.2d 894, 897 (10th Cir.1965).

Since the Appeals Council rejected the findings of the Administrative Law Judge (ALT), additional principles apply. The decision of the Appeals Council constitutes the final decision of the Secretary; there[1417]*1417fore, the court must determine whether the Appeals Council’s decision, not that of the AU, is supported by substantial evidence. Fierro v. Bowen, 798 F.2d 1351, 1355 (10th Cir.1986), cert. denied, 480 U.S. 945, 107 S.Ct. 1602, 94 L.Ed.2d 789 (1987). However, when the Appeals Council overturns the AU’s decision awarding benefits, and, in so doing, rejects the AU’s assessment of witness credibility, the Secretary must fully articulate his reasons. The court, using heightened scrutiny, must then decide whether such reasons find support in the record. Id.

Plaintiff was born on July 17, 1941, and is currently 47 years old. He has an eighth grade education and has previously worked as a welder, punch press operator, service station operator, and self-employed metal dealer. In his application for benefits, plaintiff claimed that he was disabled due to a heart condition. Following a hearing, the AU found plaintiff to be completely disabled and entitled to benefits. The Appeals Council, on its own motion, reviewed the AU’s decision, determined that plaintiff was capable of performing sedentary work, and reversed the AU’s award of benefits. On remand from this court, the Appeals Council reaffirmed its decision denying benefits.

The facts may be summarized as follows. Plaintiff underwent triple bypass heart surgery on November 5, 1976, with grafts to the left anterior descending coronary artery, the diagonal branch artery of the left anterior descending coronary artery, and the right main coronary artery. He was able to work after recovery from the surgery. On January 27, 1985, plaintiff experienced a recurrence of chest pain. He was hospitalized from January 31 to February 2, 1985. The discharge diagnosis was angina pectoris with a history of coronary artery disease, hypertension, and tobacco dependence. R. 115-17.

On February 5, 1985, plaintiff was hospitalized and on February 6 he underwent a diagnostic heart catheterization and angioplasty performed by Gregory F. Duick, M.D. Dr. Duick diagnosed unstable angina pectoris secondary to atherosclerotic heart disease, hypercholesterolemia, chronic bronchitis, and essential hypertension. Dr. Duick recommended that plaintiff try to control his cholesterol and blood pressure and quit smoking. Plaintiff was discharged February 6. R. 134-36. Plaintiff was hospitalized from February 11 through February 15, 1985, for exercise treadmill testing and follow-up evaluation. The treadmill test and an EKG were both clinically positive for exercise induced ischemia and a moderate exercise impairment. Dr. Duick repeated his previous diagnosis and continued plaintiff on his prior medication, which included Verapamil, Nitroglycerin patch, and Zantac. R. 154-55.

Richard A. Steckley, M.D., an associate of Dr. Duick, conducted a follow-up examination of plaintiff on March 5,1985. Plaintiff reported one episode of chest pain since February 15, which was relieved with a Nitroglycerin tablet. Dr. Steckley noted that plaintiff was back at work in the scrap metal business and lifted 60 to 70 pounds frequently. Dr. Steckley felt that plaintiff had stabilized and recommended that he walk two miles per day at least four times per week. R. 165. On April 2, 1985, plaintiff underwent a treadmill stress test. The test was clinically negative for ischemia, but his EKG was positive for exercise induced ischemia. Dr. Steckley restricted plaintiff from heavy lifting. R. 166.

On July 24, 1985, plaintiff underwent another follow-up evaluation. He reported a frequency of chest pain of four times per month, which was relieved with Nitroglycerin. A treadmill stress test was clinically negative but electrocardiographically positive for exercise induced ischemia. Dr. Duick concluded that although plaintiff experienced angina, medical management permitted him to remain reasonably active. Dr. Duick advised plaintiff to continue on his current medications and to report any untoward changes in his condition. R. 179

Dr. R.L. Ward, plaintiff’s general practitioner, submitted three letters in which he concluded that plaintiff was permanently disabled. R. 434, 442, 454. In the third letter, however, Dr. Ward stated, “I would suggest that the strongest evidence of [1418]*1418your complete disability would come from your cardiologist who treated you.” R. 454.

In challenging the Secretary’s decision, plaintiff alleges that the Appeals Council erred in several respects. First, plaintiff contends that the Appeals Council erred in finding his complaints of chest pain to be incredible. Pursuant to the court’s remand order, the Appeals Council explained its reasons for rejecting the AU’s credibility findings, based on the medical evidence and the level of medical care sought. R. 445-49.

In 1976 plaintiff underwent triple bypass surgery with excellent results.

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779 F. Supp. 1290 (D. Kansas, 1991)

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Bluebook (online)
696 F. Supp. 1415, 1988 U.S. Dist. LEXIS 13653, 1988 WL 111497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-bowen-ksd-1988.