Lopez v. Secretary, Department of Health & Human Services

798 F. Supp. 1351, 1992 U.S. Dist. LEXIS 10142, 1992 WL 150915
District Court, N.D. Indiana·Decided June 10, 1992·No. Civ. No. H88-659·Published·Cited by 1 cases

Opinion

ORDER

LOZANO, District Judge.

The Plaintiff, Angel Lopez (hereinafter “Lopez”), brings this action pursuant to § 205(g) of the Social Security Act (hereinafter “Act”), 42 U.S.C. § 405(g). Lopez seeks judicial review of the Secretary of Health and Human Services’ (hereinafter “Secretary”) final decision that he is not entitled to a period of disability and disability insurance benefits under §§ 216(i) and 223 of the Act, 42 U.S.C. §§ 416(i) and 423, nor to supplemental security income under §§ 1602 and 1614(a)(3)(A) of the Act, 42 U.S.C. §§ 1381a and 1382c(a)(3)(A).

This matter is before the Court on Lopez’ Motion for Summary Judgment filed on April 5, 1990. For the reasons set forth below, Lopez’ Motion for Summary Judgment is GRANTED and the case is REMANDED to the AU for further review consistent with this Order.

PROCEDURAL HISTORY

Lopez claimed he became disabled shortly after he was laid off work in 1982. (A.R. 64) He applied for Social Security Disability Insurance benefits (hereinafter “SSD”) and Supplemental Security Income benefits (hereinafter “SSI”) on August 27, 1985. (A.R. 62, 64,) Lopez’ application was denied both initially and upon reconsideration. (A.R. 71-72, 77-78) Lopez then filed a request for hearing before an Administrative Law Judge (hereinafter “AU”). (A.R. 106-107) Based on new evidence of a mental impairment not previously considered, J. Lawson Brown, the AU, issued an order on June 2, 1986, remanding Lopez’ claim back to the state agency. (A.R. 160-161)

On remand, the state agency issued a new decision finding Lopez disabled as of May 1, 1986 due to a mental disorder. (A.R. 173-174) Lopez petitioned for reconsideration of his onset date, but administrative review was denied. (A.R. 192) Once again, Lopez filed a request for hearing before an AU. (A.R. 221) AU Jerome B. Blum held Lopez’ second hearing on December 28, 1987. (A.R. 32) On May 5, 1988, the AU determined that Lopez was not disabled within the meaning of the Act at any time prior to May 1, 1986. (A.R. 12, 16). The Appeals Council of the Social Security Administration declined review of the AU’s decision on October 4, 1988. (A.R. 3) The AU’s decision of May 5, 1988, therefore, constitutes the final deci[1353] sion of the Secretary of which Lopez now seeks judicial review.

CLAIMANT’S HISTORY

Born on May 31, 1943, Lopez was 44 years old at the time of the second hearing before the ALL (A.R. 12) Lopez has a seventh grade education which he obtained in Puerto Rico. He remains illiterate in English. (A.R. 12, 14) Lopez also has difficulties orally communicating in English. (Id.) Although hampered by a language barrier, Lopez was able to work in a steel mill as a general laborer until he was laid off work in 1982. (A.R. 12) Lopez’ work in the steel mill was unskilled, requiring light, medium, and heavy exertional levels. (A.R. 14)

At the second administrative hearing, held on December 28, 1987, Lopez testified that he had become disabled due to a non-traumatic back injury and a gastrointestinal disorder.1 (A.R. 42-44) Lopez could not give a specific date of onset. He was laid off of work in 1982 or 1983. (A.R. 39) Lopez claimed that he has always had back problems, starting in the mid-70’s. (A.R. 40) Lopez also asserted that he had not driven for the last five months due to back pain. (A.R. 42, 45) Lopez’ back pain requires him to take Tylenol Number Four as well as prescription drugs. (A.R. 44) He currently has problems walking and sleeping. Specifically, Lopez testified that he can only walk about one block, then he must rest. He also testified that he can sit in a chair for only fifteen minutes and then he must stretch. Moreover, Lopez testified that he cannot sit or stand for eight hours and would have to lie down at some point during this period. (A.R. 45-49)

Additionally, several doctors’ reports were submitted at the second administrative hearing.2 In August 1985, Lopez was hospitalized for gastrointestinal bleeding. (A.R. 109) Due to the bleeding, Lopez underwent a complete colectomy3 to correct the problem. (Id.) Except for a urinary problem after surgery, Lopez’ physician, Dr. Jacobo, stated that his gastrointestinal bleeding had been corrected. (Id.) Although Lopez’ gastrointestinal bleeding had been corrected, Lopez complained of frequent diarrhea to several physicians. (A.R. 148, 152, 153) None of the physicians observed any diarrhea; rather, the physicians merely documented Lopez’ subjective complaints in their reports. (Id.)

At the second hearing, a report submitted by Dr. J. Behr stated that he had examined Lopez on October 5, 1985. (A.R. 133) Dr. Behr observed that Lopez walked with a normal heel-toe reciprocal gait. (Id.) Dr. Behr also performed several flexibility tests and evaluated x-rays of Lopez’ back. (A.R. 134) Doctor Behr opined that no evidence existed which would indicate low back pain or nerve root compression, or which would warrant restrictions in Lopez’ daily activities. (Id.) Dr. J. Jacobo also supplied a report indicating that Lopez experienced back pain of unknown etiology.

Dr. E.M. Shepard reported that he examined Lopez on April 11, 1986. (A.R. 146) Dr. Shepard observed that Lopez walked with a normal gait, but demonstrated hy-perlordosis. (Id.). Lopez could flex forward within 20 centimeters from the floor to his fingertips, but his extension was limited and painful. (Id.) ■ Dr. Shepard also evaluated x-rays, a CT scan, and a myelo-gram of Lopez’ back. X-rays were normal and the myelogram did not show clear cut epidural defect, but the CT scan showed significant spinal stenosis. (Id.) In fact, the CT scan also demonstrated a herniated disk at the L5 SI level of the left side. (A.R. 226) Dr. Shepard opined that Lopez suffered from spinal stenosis which caused his low back pain and neurological intermittent claudication. (A.R. 146) Dr. Shepard discussed Lopez’ treatment options with him and recommended that surgery would be of help. (Id.)

Dr. B. Guberman examined Lopez on January 25, 1988, and submitted his report [1354] to the ALJ. (A.R. 253) Dr. Guberman found range of motion abnormalities in Lopez’ lumbar spine area. (A.R. 257) He also found sensory abnormalities which suggested nerve root damage. (Id.) The sensory abnormalities were not, however, diagnostic of nerve root damage and no confirmatory motor or reflex abnormalities existed. (Id.) Dr. Guberman stated there was no history of intermittent claudication. (A.R. 257) He observed that Lopez could not squat and experienced difficulty when walking heel to toe. (A.R. 256)

DISCUSSION

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

Lopez v. Secretary, Department of Health & Human Services, 798 F. Supp. 1351, 1992 U.S. Dist. LEXIS 10142, 1992 WL 150915 (N.D. Ind. 1992).

798 F. Supp. 1351 (Lopez v. Secretary, Department of Health & Human Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Jones v. Apfel
997 F. Supp. 1085 (N.D. Indiana, 1997)