Leo M. METCALF, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee

800 F.2d 793, 1986 U.S. App. LEXIS 30483, 15 Soc. Serv. Rev. 66
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 12, 1986
Docket85-1798-WM
StatusPublished
Cited by35 cases

This text of 800 F.2d 793 (Leo M. METCALF, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leo M. METCALF, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee, 800 F.2d 793, 1986 U.S. App. LEXIS 30483, 15 Soc. Serv. Rev. 66 (8th Cir. 1986).

Opinion

HARPER, Senior District Judge.

Leo M. Metcalf appeals from an order of the district court affirming the final decision of the Secretary of Health and Human Services denying his application for a period of disability and disability insurance benefits under Sections 216(i) and 223 of the Social Security Act (hereinafter Act), 42 U.S.C. §§ 416(i) and 423, and supplemental security income under Sections 1602 and 1614(a)(3)(A) of the Act, 42 U.S.C. §§ 1381a and 1382c(a)(3)(A). For reversal Metcalf contends that substantial evidence does not support the findings of the Administrative Law Judge (hereinafter ALJ) that, (1) he was not disabled due to alcoholism; and, (2) he is able to perform his past relevant work as a dishwasher despite the presence of a severe mental impairment. For the reasons discussed below, we affirm the decision of the district court.

Metcalf applied for a period of disability and disability insurance benefits on December 9, 1982 and supplemental security income on December 31, 1981, December 9, 1982 and April 29, 1983. His initial claims *794 and requests for reconsideration were denied. On May 1, 1984, a hearing was held at Metcalfs request. The AU determined that Metcalf was not entitled to disability benefits because his severe impairment did not preclude him from performing his past relevant work as a dishwasher. The Appeals Council upheld the ALJ’s decision. Metcalf thereafter sought review before the district court pursuant to Section 205(g) of the Act, 42 U.S.C. § 405(g). The district court held that substantial evidence supported the ALJ’s decision and granted summary judgment in favor of the Secretary. This appeal followed.

Metcalf’s claims for disability benefits are predicated upon disability resulting from mental and physical impairments. Because Metcalf disputes only the ALJ’s findings regarding his mental impairments, our discussion will be limited accordingly.

“On appellate review, our duty, as is the district court’s, is to evaluate all of the evidence on the record. In order to sustain the Secretary’s decision there must exist substantial evidence appearing on the record as a whole. This standard of review is more than a search for the existence of substantial evidence supporting the Secretary’s findings. As Justice Frankfurter made clear [in Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 [71 S.Ct. 456, 464, 95 L.Ed. 456] (1951)] ‘the substantiality of evidence must take into account whatever in the record fairly detracts from its weight.’ ”

Brand v. Secretary of HEW, 623 F.2d 523, 527 (8th Cir.1980).

Substantial evidence has been defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Consolidated Edison Co. v. Labor Board, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938); Lewis v. Califano, 574 F.2d 452, 455 (8th Cir.1978). Substantial evidence is “something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s findings from being supported by substantial evidence.” Consolo v. Federal Maritime Comm’n, 383 U.S. 607, 620, 86 S.Ct. 1018, 1026, 16 L.Ed.2d 131 (1966). After carefully reviewing the ALJ’s decision and the administrative record, we hold that the ALJ’s findings were clearly supported by substantial evidence.

Metcalf met the disability insured status of Title II of the Act (20 CFR § 404.101 et seq. (1984)) on September 30,1983, the date on which Metcalf alleges he became disabled and his insured status expired. In order to be entitled to a period of disability and disability insurance benefits, Metcalf must show that he became severely impaired on or before September 30, 1983 and that the severe impairment lasted, or is expected to last for a continuous period of at least twelve months. 20 CFR §§ 404.131 and 404.1508. In order to be entitled to supplemental security income, Metcalf must show that he was severely impaired on April 29, 1983, the date on which he made his most recent application, or some date thereafter, and that the severe impairment lasted or is expected to last for a continuous period of at least twelve months. 20 CFR §§ 416.335 and 416.905.

The administrative record reveals that Metcalf was born May 5, 1940 and has an eighth grade education. He is single and lives alone. Throughout most of his life he has worked primarily as a dishwasher, his longest period of continuous employment being approximately two years. He has not been gainfully employed since March 17, 1982. He is supported by general relief, food stamps and charity. He also derives occasional income from selling aluminum cans, leather items and his own blood plasma. At the hearing, Metcalf claimed that he was attending a nurses aide training course for the past two months and maintaining a C-plus average.

The records reveal that Metcalf has a long history of mental difficulties. The nature of this appeal requires that we set out, in some detail, the evidence pertaining to Metcalf’s mental status. Metcalf first received psychiatric evaluation on October 19, 1980. Dr. Jim Earls examined Metcalf *795 at the request of Metcalfs vocational counselor. It was Dr. Earl’s opinion at that time that Metcalf’s worst problem was his alcohol abuse.

On December 21, 1981, Metcalf was admitted to the psychiatric unit at Springfield Park Central Hospital to prevent him from acting upon suicidal impulses. Metcalf’s live-in girlfriend had recently given up for adoption their illegitimate child, which caused Metcalf severe mental distress. Metcalf received individual psychotherapy and was discharged after one week in the hospital.

On January 21, 1982, Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ostmann v. Massanari
201 F. Supp. 2d 995 (E.D. Missouri, 2001)
Kovach v. Apfel
119 F. Supp. 2d 943 (E.D. Missouri, 2000)
Eiting v. Apfel
44 F. Supp. 2d 1008 (E.D. Missouri, 1999)
Monier v. Apfel
22 F. Supp. 2d 1035 (E.D. Missouri, 1998)
Borchelt v. Apfel
25 F. Supp. 2d 1017 (E.D. Missouri, 1998)
Polette v. Chater
934 F. Supp. 307 (E.D. Missouri, 1996)
Ronald P. Iverson v. Donna E. Shalala
29 F.3d 627 (Eighth Circuit, 1994)
Halpin v. Sullivan
804 F. Supp. 1117 (E.D. Missouri, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
800 F.2d 793, 1986 U.S. App. LEXIS 30483, 15 Soc. Serv. Rev. 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leo-m-metcalf-appellant-v-margaret-m-heckler-secretary-of-health-and-ca8-1986.