Jones v. Heckler

609 F. Supp. 304, 1985 U.S. Dist. LEXIS 19498, 10 Soc. Serv. Rev. 507
Procedural entryThis page is a short order in Jones v. Heckler. Read the opinion of the Court — 600 F. Supp. 1532
District Court, E.D. Wisconsin·Decided May 28, 1985·No. No. 83-C-2011·Published

Opinion

MEMORANDUM AND ORDER

WARREN, District Judge.

I.

In his Recommendation of April 30, 1985, in this matter, Magistrate Robert L. Bittner considered the decision of the Secretary of Health and Human Services, denying the plaintiff’s applications for disability insurance benefits and supplement security income under the Social Security Act. Based on his review of the record before him, the Magistrate concluded that there is substantial evidence to support the determination of the Administrative Law Judge that the plaintiff does not suffer from a severe impairment and is thus not disabled and entitled to the benefits for which he has applied.

Following his summation of the live testimony and documentary evidence offered in support of the present applications, the Magistrate concluded that the plaintiff had failed to meet his burden of establishing the severity of his impairment by introducing appropriate clinical tests and laboratory findings of some medical condition that could reasonably be expected to produce his symptoms of low back pain, among others. The Magistrate summarized his position as follows:

... This may well be as scanty a medical record as any which has come before this Court for review. It consists only of two consultant medical reports and two x-ray reports. The medical reports fail to demonstrate a condition which prevents the plaintiff from performing physical functions, such as walking, standing, sitting, lifting, pushing, and carrying; nor do either of the reports restrict or caution against such basic work activities. The two x-ray reports fail to disclose a medical condition reasonably expected to produce the symptoms of which the plaintiff complains. In fact, one of the x-ray reports simply states that a condition exists consistent with the plaintiff’s age.

Magistrate’s Recommendation at 8-9 (April 30, 1985). Similarly, the Magistrate determined that the plaintiff’s subjective complaints of pain, absent any confirming objective data to support the existence of a medically determinable impairment, do not entitle him to a finding of disability. To make such a finding, the Court, in the Magistrate’s words, “would have to disregard 20 C.F.R. § 404.1529, which specifically limits consideration by the Secretary to only those symptoms, including pain, founded upon a medical condition reasonably expected to produce them. The mere diagnosis of a disease or a condition does not direct a finding of disability [citations omitted].” Magistrate’s Recommendation at 9 (April 30, 1985).

Finally, the Magistrate rejected the plaintiff’s contention that the so-called “severity requirement,” discussed infra at 6-7, & 10-11, is invalid and in violation of the statutory definition of disability, mandating the consideration of age, education, and relevant work experience. As the Magistrate opined, the principal flaw in the plain[306]*306tiffs position, premised, as it is, on a broad definition of “severe,” is that the applicant has failed in the first instance to establish the existence of any medically determinable impairment — severe or otherwise. Even if inclined to adopt the plaintiff’s limited description of a typical “nonsevere impairment,” the Magistrate would have found himself hard-pressed to overturn the Secretary’s decision, as follows:

... [Substantial evidence exists in this record from which the AU could conclude that the plaintiff is not severely impaired. A nonsevere impairment is one which is so slight that it is presumptively not disabling because without taking age, education, and vocational background into consideration any claimant who has the impairment retains the ability to do his past work [citation omitted]. As previously discussed, the record is devoid of any objective evidence which supports the plaintiff’s complaints, and moreover, able to perform his past work with the impairments which he now claims disable him. The plaintiff cannot manipulate the severity test ... to escape his initial burden of establishing a medically determinable impairment.

Magistrate’s Recommendation at 11-12 (April 30, 1985). Based on this analysis, the Magistrate recommended that the Court affirm the administrative decision, finding no severity to the plaintiff’s impairments and concluding that he is not entitled to the disability insurance benefits and supplemental security income for which he has applied.

Pursuant to 28 U.S.C. § 636(b)(1)(B) & (C), Rule 72(b) of the Federal Rules of Civil Procedure, and Local Rule 13.03, the parties were afforded ten days after service of the Magistrate’s Recommendation in which to serve and file specific, written objections with this Court. On May 9, 1985, the plaintiff submitted a memorandum articulating such specific objections and requesting that his motion for summary reversal of the administrative decision be granted or, in the alternative, that the matter be remanded for a new hearing before another administrative law judge.

In his memorandum of objections, the plaintiff contends, first, that he has, indeed, established the existence of some medically determinable impairment, as follows:

... Objective medical data has documented that the plaintiff has osteoarthritis of the lumbar spine (TR 147), scattered degenerative changes of the dorsal spine (TR 146), scattered hypertrophic degenerative changes of the lumbar sacral spine (TR 147), possible degenerative joint disease (TR 155-156), degenerative changes in the thoracic spine (TR 155-156), blindness in the left eye (TR 156), and a history of syncope (TR 147).

Plaintiff’s Objections to Magistrate’s Recommendation at 1 (May 9, 1985). As he did in his principal motion for summary reversal, the plaintiff also invokes the language of Hundrieser v. Heckler, 582 F.Supp. 1231, (N.D.Ill.1984), for the proposition that the “severity” requirement is, at best, a minimal one and, under circumstances like the present, presents no considerable impediment to the awarding of benefits.

Furthermore, it is the plaintiff’s position that the record as a whole does not substantially support the Secretary’s finding of nondisability; among other things, the plaintiff notes that he is unable to perform his past work, is blind in his left eye and, accordingly, suffers from a loss of balance, and experiences pain when bending or lifting. In further support of his position, the applicant directs the Court’s attention to those portions of the administrative record indicating that he has difficulty with recollection and requires frequent rest. Finally, he agrees that his inability to perform his past relevant work is supported to a substantial degree by letters authored by his general assistance work supervisors, also incorporated in the record of this case.

Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure and Local Rule 13.03, the Secretary has been afforded ten days from service of the plaintiff’s objections in which to respond. To date, the [307]*307Secretary has filed no such response. Accordingly, the Court has conducted its de novo

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Jones v. Heckler, 609 F. Supp. 304, 1985 U.S. Dist. LEXIS 19498, 10 Soc. Serv. Rev. 507 (E.D. Wis. 1985).

609 F. Supp. 304 (Jones v. Heckler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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