Klein v. Bowen

696 F. Supp. 1249, 1988 U.S. Dist. LEXIS 15404, 1988 WL 108950
CourtDistrict Court, N.D. Iowa
DecidedSeptember 26, 1988
DocketNo. C 87-4081
StatusPublished

This text of 696 F. Supp. 1249 (Klein v. Bowen) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klein v. Bowen, 696 F. Supp. 1249, 1988 U.S. Dist. LEXIS 15404, 1988 WL 108950 (N.D. Iowa 1988).

Opinion

ORDER

DONALD E. O’BRIEN, Chief Judge.

This matter is before the court on plaintiff’s resisted motion for summary judgment and defendant’s resisted motion to affirm the secretary’s decision. After careful consideration, it is the decision of this court that plaintiff's motion is denied and defendant’s motion is granted.

I. FACTS

Thomas Klein is a 44-year-old male with an eighth-grade education. Plaintiff’s past relevant work was as a punch press operator, welder, and part-time farm employee. Although a vocational expert (VE) testified that Mr. Klein has work skills, the VE testified that said skills may not be transferable to work that plaintiff can perform. Accordingly, plaintiff was found not to have any acquired work skills which are transferable to the skilled or semi-skilled work activities of other work (20 C.F.R. §§ 404.1568 and 416.968).

Plaintiff suffers from chronic otitis media (inflammation of the middle ear) with chlesteatoma (tumor-like mass) in the left ear and obesity. Plaintiff also alleges that he suffers nonexertional disabilities including pain, dizziness, nauseousness, fatigue, numbness, problems with crowds, and problems with mental concentration.

Mr. Klein met the disability insured status requirements on December 31, 1977, the date he stated he became unable to work, and continued to meet them through March 31, 1983. The record indicates that plaintiff has not engaged in substantial gainful activity since 1979.

II. ADMINISTRATIVE PROCEEDINGS

On July 5, 1985, plaintiff filed applications for disability insurance benefits under Title II of the Act, 42 U.S.C. §§ 401, et seq., and for supplemental security income (SSI) benefits under Title XVI of the Act, 42 U.S.C. §§ 1381, et seq. Plaintiff alleged disability commencing December 31, 1977.

The record indicates that Mr. Klein previously filed applications for disability benefits on July 30, 1979 and again on October 20, 1980. In his previous applications, Mr. Klein alleged disability commencing December 1978. His first application (July 30, 1979) was denied through the reconsideration level on February 18, 1980. Plaintiff’s second application (October 20, 1980) was denied on November 25, 1980. Neither decision was appealed.

The instant applications (July 5, 1985) were denied both initially (Tr. 157-58, 188-92) and on reconsideration (Tr. 151-56,171-75). On January 14, 1987, following a hearing, an Administrative Law Judge (AU) found that Mr. Klein’s prior denials dated November 25, 1980 were administratively final and binding on plaintiff so as to constitute res judicata with respect to entitlement to social security benefits on or prior to November 25, 1980, and could not be reopened since the application was filed On July 5, 1985, four years and seven months after the denial order. The ALJ also found that Mr. Klein was not under a disability as defined in the Social Security Act at any time subsequent to the November 25, 1980 decision through March 31, 1983, the date that plaintiff last met the earnings requirement.

[1251]*1251The AU also found that plaintiff was not disabled after his eligibility status for benefits had expired on March 31, 1983 through January 14, 1987, the date of the hearing.

On March 28, 1987, the Appeals Council of the Social Security Administration denied plaintiffs request for review. Accordingly, the AU’s decision stands as the final decision of the secretary. On May 20, 1987, plaintiff filed his complaint seeking judicial review of the secretary’s decision.

III. STANDARD OF REVIEW

The court must affirm the findings of the AU if they are supported by substantial evidence on the record as a whole. Gavin v. Heckler, 811 F.2d 1195, 1199 (8th Cir.1987); see 42 U.S.C. § 405(g). “Substantial evidence” is more than a mere scintilla. It means such relevant evidence as 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); accord Taylor v. Bowen, 805 F.2d 329, 331 (8th Cir.1986). In the context of the review of an administrative decision, the court must weigh the substan-tiality of supportive evidence against “whatever in the record fairly detracts from its weight.” Universal Camera Corp. v. National Labor Relations Bd., 340 U.S. 474, 488, 71 S.Ct. 456, 464, 95 L.Ed. 456 (1951). Thus, the court must perform a balancing test, evaluating any contradictory evidence. Gavin v. Heckler, 811 F.2d at 1199.

IV. DISCUSSION

A. Res Judicata.

Plaintiff contends that while it is true as a general rule that an administrative decision not to reopen a prior application is not subject to judicial review and is therefore res judicata on the issue[s] determined, particular circumstances can arise where denial of social security disability benefits on the ground of res judicata constitutes an abuse of discretion and manifest error, and hence, is improper. See Lauritzen v. Weinberger, 514 F.2d 561 (8th Cir.1975); Munsinger v. Schweiker, 709 F.2d 1212 (8th Cir.1983). Plaintiff argues that the circumstances in this case are such, considering plaintiffs severe mental and physical disabilities as existing prior to November 28, 1980, that the denial of benefits on the grounds of administrative res judica-ta should be held an abuse of discretion. Plaintiff further argues that a close review of the facts in this record will show that the secretary’s previous decision was founded on improper bases for denial of benefits. Plaintiff contends that he was disabled on or before November 28, 1980 and that this determination should have been made. Therefore, plaintiff argues that there is good cause to reopen his case. Plaintiff points out that no consideration was given by the secretary as to whether the 1980 claim should be reopened due to “an error on the face of the evidence” on which the decision denying disability was based. Plaintiff contends that a decision containing error on the face of evidence cannot be used as a foundation for res judicata.

Conditions for reopening social security cases are set out in 20 C.F.R. § 404.988, which states as follows:

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696 F. Supp. 1249, 1988 U.S. Dist. LEXIS 15404, 1988 WL 108950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-bowen-iand-1988.