Lankford v. Weinberger

373 F. Supp. 1171, 1973 U.S. Dist. LEXIS 11297
CourtDistrict Court, E.D. Tennessee
DecidedOctober 31, 1973
DocketCiv. A. No. 8249
StatusPublished
Cited by1 cases

This text of 373 F. Supp. 1171 (Lankford v. Weinberger) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lankford v. Weinberger, 373 F. Supp. 1171, 1973 U.S. Dist. LEXIS 11297 (E.D. Tenn. 1973).

Opinion

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Plaintiff, pursuant to Title 42 U.S.C. § 405(g), seeks a review of an adverse decision by the Secretary of Health, Education and Welfare denying her disability insurance benefits under Title 42 U. S.C. § 423 of the Social Security Act. Both parties have moved for summary judgment on the ground that the sole question is whether the decision of the Secretary is supported by substantial evidence.

Plaintiff has met all requirements for disability benefits except for establishing that she was under a disability as defined by the Social Security Act during the period in which she was insured under the Act. Disability is defined 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 last for a continuous period of not less than twelve months. The inability to engage in any substantial gainful employment exists only if the impairments are of such severity that the plaintiff, considering her age, education and work experience, cannot engage in any kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in her immediate locale, or whether a specific job vacancy exists for her, or whether she would be hired if she had applied for work. A physical or mental impairment is one that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. A claimant is not considered under a disability unless he furnishes such medical or other evidence of such disability as the Secretary may require.

Plaintiff, a fifty-one year old female, has completed high school and from 1967 until April 1971 was employed as a laboratory assistant at Oak Ridge National Laboratory. Prior to that time, plaintiff had been employed as a practical nurse, a chemical operator, and as a riveter. Her duties at the facility related to caring for experimental animals which required her to perform such physical tasks as changing cages, cleaning rooms, climbing ladders and other general tasks incident to maintaining a sterile research facility.

Plaintiff’s testimony reflects that in 1969 she suffered a back injury which required surgery. Thereafter, she was restricted to limited work activities, but upon her request, the doctor released her to return to work. The record further shows that she subsequently reinjured her back in April, 1971 and was required to again limit her work activities and eventually quit her job.

Plaintiff testified that since 1969 she has suffered continuing pain in her back, had a history of bronchiectasis, and at times experienced drowsiness. However, she stated that she was taking [1173]*1173Darvon for pain and Biphetamine as a stimulant to counteract her sleepiness. In response to the questions of the Hearing Examiner, plaintiff further testified that while she does general housework, she cannot use the vacuum cleaner or perform tasks that would require climbing, pushing and pulling.

The medical reports submitted by John T. Purvis, M.D., show that he first examined plaintiff on July 11, 1969 when she complained to him of pains in the neck and back regions. Plaintiff’s back flexion was limited to 30°~40° with pain in the upper back and right leg. Leg raising was limited on the left to 30° due to hip pain and straight leg raising was similarly so restricted. Dr. Purvis’ impression was that plaintiff suffered from a herniated nucleus pulposus with psychogenic overlay and recommended hospitalization for further testing. The doctor’s final diagnosis was degenerative joint disease of the lower lumbar.

In August, 1969, plaintiff was hospitalized and underwent back surgery. A herniated nucleus pulposus was removed. However, the record reflects that plaintiff subsequently began experiencing a recurrence of pain and was readmitted to the hospital for a myelography. The report of Dr. Purvis, dated April 9, 1970, reflects that plaintiff was experiencing pain to the back region. This was again diagnosed as degenerative joint disease of the lower lumbar.

Plaintiff returned to Dr. Purvis in July, 1970 and sought to adjust her working conditions. The record reflects that Dr. Purvis advised her employer that she should not participate in any prolonged bending for longer than two to four hours per eight hour shift and limited her lifting to thirty pounds.

Doctor Purvis’ remaining reports of February 20, 1970 and February 23, 1971 show that plaintiff was “going to have to live with this pain” and that further surgery would not aid her condition.

The medical report of Dennis Coughlin, M.D., an orthopedic surgeon, indicates that plaintiff experiences a 20% restriction in motion of her right hip. X-rays showed a slight degree of loss of normal cervical lordosis in a direct lateral view of the neck and a slight narrowing at the lumbosacral level. The remainder of plaintiff’s examination was normal. Dr. Coughlin’s diagnosis was: (1) strain of the neck and lower back; (2) post-operative lumbarlaminectomy; (3) early degenerative arthritis of the right hip with cystic change in the head of the right femur. Dr. Coughlin saw the primary problem to be plaintiff’s back injury and resultant surgery from which there were only fair results. The primary cause of her pain was a cyst formation on the femur.

As a consequence of this examination, Dr. Coughlin indicates that plaintiff suffers a substantial degree of disability and has reached maximum recovery from her 1969 surgery. In the doctor’s opinion, she suffers 15% disability to the body as a whole and is experiencing degenerative wear and tear in the right hip. Dr. Coughlin concluded that it would be hazardous for plaintiff to return to work at Oak Ridge but indicated that she could perform sedentary work, lifting ten pounds maximum.

The final medical report was that of Thomas Prince, M.D., plaintiff’s family physician. This report reflects that plaintiff had a history of bronchitis and bronchiectasis. On June 27, 1972, she underwent a bronchoscopy which revealed acute and chronic inflammation. In an undated report (Exhibit 19), Dr. Prince indicated plaintiff could never return to work.

The medical evidence shows therefore that plaintiff suffers both from chronic and acute bronchiectasis and from a degenerative lumbar condition occasioned by her 1969 back injury and inadequate recovery from her subsequent surgery. While one physician, Dr. Prince, concluded that plaintiff could never return to work, both Doctors Purvis and Coughlin indicated that she could work on a limited or sedentary basis. However, the record clearly re-[1174]*1174fleets, and the Hearing Examiner so found, that plaintiff could not return to the work which she had previously performed. Therefore, it is the opinion of the Court that the finding that plaintiff suffered a medically determinable physical impairment is supported by substantial evidence.

Nevertheless, it was the opinion of the Hearing Examiner that notwithstanding plaintiff’s physical impairments, she retained the residual capacity to engage in other substantial employment and was not, therefore, disabled under the Social Security Act.

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Related

Lankford v. Weinberger
497 F.2d 924 (Sixth Circuit, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
373 F. Supp. 1171, 1973 U.S. Dist. LEXIS 11297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lankford-v-weinberger-tned-1973.