Leonard L. RAY, Jr., Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee

813 F.2d 914
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 1, 1987
Docket85-4435
StatusPublished
Cited by15 cases

This text of 813 F.2d 914 (Leonard L. RAY, Jr., Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leonard L. RAY, Jr., Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee, 813 F.2d 914 (9th Cir. 1987).

Opinion

BARNES, Circuit Judge:

Leonard L. Ray, Jr., appeals pro se the district court’s decision affirming the denial by the Secretary of Health and Human Services (the Secretary) of his application for Social Security disability insurance ben *915 efits. The Secretary found that Ray was not disabled because he could perform his past work as a Certified Public Accountant.

Ray filed a claim for disability benefits on April 21, 1983. The Secretary denied Ray’s claim initially and upon reconsideration. On July 18,1984, at Ray’s request, a hearing was held before an Administrative Law Judge (ALJ). The ALJ found that although Ray has a severe hearing impairment and a deformed left arm, he retained the capacity to perform his past relevant work as a CPA. The Appeals Council affirmed. Ray timely filed a complaint for review by the district court. The district court affirmed the Secretary’s decision. Ray timely appeals.

This court must affirm the Secretary’s denial of a disability claim if substantial evidence in the record as a whole supports his findings of fact, and if the Secretary has applied the proper legal standards. 42 U.S.C. § 405(g); Jones v. Heckler, 760 F.2d 993, 995 (9th Cir.1985). Substantial evidence is “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) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 216, 83 L.Ed. 126 (1938)). The court may not affirm the AU’s decision “simply by isolating a specific quantum of supporting evidence,” but must also consider evidence that detracts from the ALJ’s conclusion. Jones, 760 F.2d at 995.

A claimant is eligible for disability insurance benefits only if he is unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment....” 42 U.S.C. § 423(d)(1)(A). Additionally, the impairment must result from anatomical, physiological or psychological abnormalities that are demonstrable by medically acceptable clinical and laboratory techniques. Gallant v. Heckler, 753 F.2d 1450, 1452 (9th Cir.1984).

A claimant has the burden of proving that he is disabled. Bellamy v. Secretary of Health & Human Services, 755 F.2d 1380, 1381 (9th Cir.1985); 42 U.S.C. § 423(d)(1)(A). A claimant makes a prima facie showing of disability by proving that his impairment prevents him from doing his previous job. Perry v. Heckler, 722 F.2d 461, 464 (9th Cir.1983). If a claimant can still perform the work he has done in the past, despite severe physical or mental impairments, he must be found not disabled. 20 C.F.R. § 416.920(e). Once the claimant shows that he cannot perform his past work, the burden shifts to the Secretary to show that the claimant can do other substantial gainful activity, given his age, education and work experience. Perry, 722 F.2d at 464; 42 U.S.C. § 423(d)(2)(A). A claimant who cannot return to his past relevant work is not disabled if there are other forms of work he is able to do. Hall v. Secretary of Health, Education & Welfare, 602 F.2d 1372, 1375 (9th Cir.1979) 20 C.F.R. § 404.1520(f)(1) (1985).

Ray contends that the AU’s finding that he retained the residual functional capacity to perform his past relevant work is not supported by substantial evidence, because he has not been a practicing accountant since 1971 and “extreme technological changes” in the accounting profession make his skills obsolete. This contention lacks merit because of the lack of substantial evidential support.

Ray, sixty-one years old at the time of the hearing, worked as a CPA from 1944 to 1971. He testified that after 1951 his work consisted of supervising the work of other accountants in his office, and that he has had little hands-on accounting experience since then. From 1970 until December 1982, Ray held a directorship of a savings and loan association in Oregon, for which he attended monthly board meetings and occasional committee meetings and was paid approximately three hundred dollars per month.

He stated that he now suffers from two “impairments” that prevent him from returning to work as a CPA. The first is hearing loss in both ears, first treated in 1980 and exacerbated by a rifle range accident in 1981. He now wears one hearing aid that he said improves his hearing but *916 that when he talks on the telephone it picks up a variety of electronic sounds, including those produced by fluorescent lights. Ray stated that his audiologist suggested that he try a hearing aid in both ears, but that he did not think it would help.

The second problem that Ray said prevents him from returning to his former work as a CPA is what he described as the “Rip Van Winkle theory”: that since he left the profession in 1971, there have been so many changes in the tax laws that his skills as an accountant have become obsolete. He admitted that he could bring his knowledge up to date through a course of study, but contended that the changes have been so extensive that it would take him at least four years to do so.

Finally, Ray noted that he has residuals of polio that have apparently paralyzed his left arm and prevent him from doing any kind of physical labor. He did not contend that this impairment prevented him from performing accounting work.

R. Craig Ford and Loyal Ediger of the Eugene Hearing and Speech Center performed an audiological evaluation of Ray on October 29,1981. They noted that after a previous evaluation they had fitted Ray with a hearing aid. The evaluation revealed a ten to fifteen decibel threshold shift at most frequencies for the left ear, but only a slight threshold shift for the right ear. Ford and Ediger stated that Ray appeared to have a moderate to severe sloping sensori-neural hearing loss in the mid-to-high frequency range.

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813 F.2d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-l-ray-jr-plaintiff-appellant-v-otis-r-bowen-secretary-ca9-1987.