Jones v. Sullivan

738 F. Supp. 991, 1990 U.S. Dist. LEXIS 7544, 1990 WL 83381
CourtDistrict Court, E.D. Virginia
DecidedMay 25, 1990
DocketCiv. A. No. 89-185-NN
StatusPublished
Cited by1 cases

This text of 738 F. Supp. 991 (Jones v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Sullivan, 738 F. Supp. 991, 1990 U.S. Dist. LEXIS 7544, 1990 WL 83381 (E.D. Va. 1990).

Opinion

ORDER

CLARKE, District Judge.

This matter comes before the Court on the plaintiff’s petition for judicial review of a decision by the Secretary of Health and Human Services denying her claim for period of disability and disability insurance benefits. Both parties have moved for summary judgment.

Background

The plaintiff, Doris M. Jones, filed a claim for disability insurance benefits pursuant to Title II of the Social Security Act, as amended, 42 U.S.C. sections 416(i) and 423, et seq., alleging an onset of disability on November 5, 1987. Her claim was denied initially and upon reconsideration by the Social Security Administration. A hearing was subsequently held on December 12, 1988, before an Administrative Law Judge (AU). On February 28, 1989, the AU issued a written decision denying benefits. The Appeals Council denied the plaintiff’s request for review, and the AU’s decision thus became the final decision of the Secretary. The plaintiff challenges this decision of two grounds. First, she contends that the AU applied an improper legal standard in evaluating her claim of disabling pain. Secondly, she contends that the AU’s decision is not supported by substantial evidence.

ALJ’s Decision

The AU found that Ms. Jones suffers from severe physical impairments but retains the residual functional capacity to perform sedentary work and is therefore not “disabled” as defined by the Social Security Act.1

At the time of the hearing Ms. Jones was a 52 year old, married female, with a tenth grade education. R. 12.2 Her past work experience includes 14 years as a sewing machine operator, presser and supervisor in a dress factory. R. 12. In 1977, she installed sheets of balsa wood in ship’s tanks. For approximately 10 years after that Ms. Jones worked as a welder’s helper at the Newport News Shipyard. R. 12. In her last year of employment at the shipyard she worked in the MRA shop doing light duty from October 1986 to November 1987. She stopped working on November 5, 1987, because the shipyard had no work available within her work restrictions. R. 12.

After Ms. Jones left the shipyard, she received unemployment insurance for 24 weeks. R. 12. In order to receive those payments, she had to certify that she was able to work within her work restrictions. R. 12. During this time she applied to 58 companies for employment, but no employer called her back. R. 12. She last applied for work, answering help-wanted ads, in early November 1988. R. 12. At the hearing she stated that she cannot now do any kind of work because of problems with her arms locking, her thumb locking, and pain in her hands, arms, legs, and feet. R. 12. The AU found that Ms. Jones had not engaged in any substantial gainful activity since November 5, 1987.

The AU found that Ms. Jones suffers from physical impairments which, when considered in combination, are severe, R. 22, but that she retained the residual functional capacity to perform sedentary work [994]*994activity.3 R. 23. The AU also found that Ms. Jones’s testimony with regard to her subjective complaints, including pain, was “not supported by the medical evidence of record and [was] not fully credible.” R. 23. The AU concluded that based on Ms. Jones’s “exertional capacity for a full range of sedentary work, and considering the claimant’s age, education, and work experience, Section 404.1569 and Rule 201.-11, Appendix 2, Subpart P, Regulations No. 4 directs a conclusion of ‘not disabled.’ ” The AU added that he employed the above cited rule as a “framework for decision-making” and that while Ms. Jones’s nonex-ertional limitations, and pain, prevented her from performing a full range of sedentary work, R. 23, she was not disabled as defined by the Social Security Act. R. 23.

Discussion

Under the Social Security Act, the scope of judicial review of the final decision of the Secretary is limited to a determination of whether, based on the record as a whole, the decision is supported by substantial evidence. 42 U.S.C.A. section 405(g) (West 1983); Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). Substantial evidence is:

evidence which a reasoning mind would accept as sufficient to support a particular conclusion. It consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance. If there is evidence to justify a refusal to direct a verdict were the case before a jury, then there is “substantial evidence.”

Shively v. Heckler, 739 F.2d 987, 989 (4th Cir.1984) (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966)) (citations omitted).

A claimant for disability insurance benefits bears the burden of proving a disability. 42 U.S.C.A. section 423(d)(5); 20 C.F.R. section 404.1502 (1988); Blalock v. Richardson, 483 F.2d 773, 775 (4th Cir. 1972). “Disability” is defined by statute as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C.A. section 423(d)(1)(A). Once the claimant makes a prima facie showing of a physical impairment which effectively precludes her from returning to her past work, the burden of going forward shifts to the Secretary. The Secretary then must show two things: (1) that the claimant, considering her age, education, work experience, skills and physical shortcomings, has the capacity to perform an alternative job and (2) that this specific type of job exists in the national economy. McLamore v. Weinberger, 538 F.2d 572, 574 (4th Cir. 1976); Taylor v. Weinberger, 512 F.2d 664, 666 (4th Cir.1975).

To regularize the adjudicative process, the Social Security Administration has promulgated detailed regulations incorporating longstanding medical-vocation evaluation policies that take into account a claimant’s age, education, and work experience in addition to her medical condition. These regulations were intended both to clarify for claimants how disability is determined when vocational factors are considered and to assure consistent disability determinations at all levels. 20 C.F.R. sections 404.-1501-404.1530 & Apps. 1, 2 (1988).

The regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. Id. section 404.1503. If an individual is found not disabled at any step, further inquiry is unnecessary. Id. section 404.1503(a).

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Related

Smith v. Sullivan
769 F. Supp. 1386 (E.D. Virginia, 1991)

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Bluebook (online)
738 F. Supp. 991, 1990 U.S. Dist. LEXIS 7544, 1990 WL 83381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-sullivan-vaed-1990.