King v. Cohen

304 F. Supp. 148, 1969 U.S. Dist. LEXIS 10155
CourtDistrict Court, M.D. North Carolina
DecidedSeptember 17, 1969
DocketNo. C-139-G-68
StatusPublished
Cited by3 cases

This text of 304 F. Supp. 148 (King v. Cohen) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. Cohen, 304 F. Supp. 148, 1969 U.S. Dist. LEXIS 10155 (M.D.N.C. 1969).

Opinion

MEMORANDUM OPINION

EDWIN M. STANLEY, Chief Judge.

The plaintiff seeks judicial review, pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), of the final decision of the Secretary of Health, Education, and Welfare, denying her the establishment of a period of disability and for disability insurance benefits.

Plaintiff first filed an application for disability insurance benefits on March 21,1967, claiming that she became unable to work in January of 1961, because of a “nervous condition.” The application was denied by letter dated May 8, 1967. On June 12, 1967, plaintiff filed a request for reconsideration, and by letter dated August 19, 1967, she was advised that the initial disallowance was affirmed. Being dissatisfied with such determination, plaintiff filed a request for a hearing before a hearing examiner. The requested hearing was held on January 23, 1968, before Hearing Examiner John Porterfield. Plaintiff was represented at the hearing by Jerry M. Shuping, Esquire, Asheboro, North Carolina.

On March 18, 1968, Hearing Examiner Porterfield rendered his decision, finding that (1) plaintiff last met the special earnings requirement of the Act on March 31, 1966, (2) the evidence failed to establish that plaintiff’s' impairments prevented her from engaging in substantial gainful activity at any time prior to March 31, 1966, which had lasted or could be expected to last for a continuous period of at least twelve months, and (3) plaintiff was not under a “disability,” as defined by the Social Security Act, either prior to or after the Social Security Amendments of 1965, at any time prior to March 31, 1966. The decision of the Hearing Examiner was that plaintiff was not entitled to a period of disability or to disability insurance bene[150]*150fits under the provisions of 216(i) and 223, respectively, of the Social Security Act, as amended. On June 13, 1968, the Appeals Council denied plaintiff’s request for review, thus making the decision of the Hearing Examiner the final decision of the Secretary.

On August 14, 1968, plaintiff instituted this action seeking judicial review of the final decision of the Secretary denying disability insurance benefits. Following the filing of an answer and a certified transcript of the administrative proceedings, the parties cross-moved for summary judgment.

Effective July 30, 1965, the Social Security Act was amended by defining the term “disability” to mean “* * * 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.” The amendment had the effect of eliminating the requirement that the impairment be one which can be expected to be of long-continued and indefinite duration. Under the 1967 amendments to the Act, the statutory definition of “disability” was further clarified. These amendments provide that a claimant is under a disability “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work,” and the term “physical or mental impairment” is defined to be “an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” 42 U.S.C. § 423. “[W]ork which exists in the national economy” is defined to mean “work which exists in significant numbers either in the region where such individual lives or in several regions of the country.” 42 U.S.C. § 423. The 1967 amendments became effective on January 2, 1968, and apply to decisions in civil actions which had not become final before that date. Davis v. Gardner, 6 Cir., 395 F.2d 681 (1968); Daniel v. Gardner, 5 Cir., 390 F.2d 32 (1968). A reading of the legislative history of the amendments clearly discloses that Congress intended for the Secretary and the courts to be more restrictive in considering claims for disability insurance benefits, and intended that such claims be disallowed unless supported by clinical and laboratory findings, or other medically acceptable evidence.

The issue before the Court is the substantiality of the evidence to support the Secretary’s findings on the issues before him. In Thomas v. Celebrezze, 4 Cir., 331 F.2d 541 (1964), the prescribed standard of judicial review is stated as follows:

“The prescribed standard of review, found in section 205(g) of the Act, 42 U.S.C.A. § 405(g), is as follows: ‘ * * * The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive, * * Substantial evidence has been defined innumerable times as more than a scintilla, but less than preponderance. Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197, 59 S.Ct. 206, 83 L.Ed. 126 (1938). The Secretary, and not the courts, is charged with resolving conflicts in the evidence, and it is immaterial that the evidence before him will permit a conclusion inconsistent with his. Snyder v. Ribicoff, 307 F.2d 518, 520 (4th Cir. 1962). If his findings are supported by substantial evidence, the courts are bound to accept them. Underwood v. Ribicoff, 298 F.2d 850 (4th Cir. 1962). In short, the courts are not to. try the case de novo. At the same time, they must not abdicate [151]*151their traditional functions; they cannot escape their duty to scrutinize ‘the record as a whole’ to determine whether the conclusions reached are rational. Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951); Boyd v. Folson, 257 F.2d 778 (3d Cir. 1958); 4 Davis, Administrative Law (1958) § 29.02, pp. 118-126. If they are, they must be upheld; but, if, for example, reliance has been placed upon one portion of the record to the disregard of overwhelming evidence to the contrary, the courts are equally bound to decide against the Secretary. Park v. Celebrezze, 214 F.Supp. 153 (W.D.Ark.1963); Corn v. Flemming, 184 F.Supp. 490 (S.D.Fla.1960).

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Bluebook (online)
304 F. Supp. 148, 1969 U.S. Dist. LEXIS 10155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-cohen-ncmd-1969.