Manning v. Bowen

717 F. Supp. 429, 1989 U.S. Dist. LEXIS 8931, 1989 WL 86641
CourtDistrict Court, W.D. Virginia
DecidedApril 10, 1989
DocketCiv. A. 88-0023-D
StatusPublished

This text of 717 F. Supp. 429 (Manning v. Bowen) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manning v. Bowen, 717 F. Supp. 429, 1989 U.S. Dist. LEXIS 8931, 1989 WL 86641 (W.D. Va. 1989).

Opinion

MEMORANDUM OPINION

JACKSON L. KISER, United States District Judge.

Hallie B. Manning challenges the final decision of the Secretary of Health and Human Services denying Manning’s claim for a period of disability and disability insurance benefits under the Social Security Act, 42 U.S.C. §§ 416 and 423, as amended. This matter is now before me on the report and recommendation of the United States Magistrate, who recommends that the Secretary’s decision be reversed, or at least remanded to obtain additional opinions of medical experts. The Secretary has filed an objection to the Magistrate’s report. For the reasons stated below, I partially adopt the Magistrate’s recommendation and remand the matter to Secretary to obtain additional opinions of experts regarding the onset date of Manning’s disability.

BACKGROUND

Hallie Manning is 63 years old. It is undisputed that Manning suffers from acute schizophrenia which is currently disabling. This condition was diagnosed first in 1980. Manning claims that her disability commenced on April 6,1971, her last day of work. The question to be decided is whether Manning was disabled on or before June 30, 1972, the last day she met the disability insured status requirements. .

Manning last worked at Pulaski Furniture Company, where she performed unskilled manual labor. She testified in her hearing before the Administrative Law Judge that she lost her job for “gossiping.” She said that after she lost her job, she suffered from blackout spells. She says that she has “heard voices” since about 1970, and she told her son that she was “hooked up to a computer.” Manning’s testimony was not especially coherent.

Phillip Clemmons, Manning’s son, appeared at the hearing before the AU to represent his mother. Clemmons is not an attorney and has no special knowledge of the Social Security statutes and regulations. Clemmons testified that after an incident involving a neighbor in the 1960’s, his mother began hallucinating that she was hooked up to a computer, or being raped by a computer. Clemmons said Man *431 ning was fired from her last job because of her strange behavior. Although she has looked for another job since then, she has not been able to obtain one. He said she did not see a psychiatrist in 1971 or 1972 because none were available at that time in Martinsville, where they lived. Clemmons said they did not have transportation to Roanoke, the location of the nearest psychiatrist. Clemmons said there was mental illness in the family — his brother, who was also diagnosed as schizophrenic, had to be committed several times, beginning in 1969.

Manning’s sister, Freda Dyer, testified that at the time Manning left her job in 1971, Manning said the men at work were trying to molest her. Dyer said that this could not have been true. Dyer said that the family had considered having Manning committed as long ago as 1966, and that Manning had been having mental problems since 1954 or 1955. Manning’s brother, Thomas Thacker, confirmed Dyer’s testimony. He said he was advised in 1965 not to have Manning committed, because the conditions at the mental institutions were terrible.

Because Manning never saw a psychiatrist before 1980, she was able to present no documentary evidence of her disability before 1980. The only medical evidence available before 1980 indicates that she was treated for torticollis in 1971. In August 1980, a psychiatrist diagnosed Manning as suffering from acute schizophrenia. Manning was involuntarily committed for two months in 1984, and since then she has been treated regularly at the Patrick Henry Mental Health Center.

DISCUSSION

The ALJ found that there was insufficient evidence to establish that Manning was disabled before June 30, 1972. The key factor in the AU’s decision was the absence of any documentary medical evidence to show that Manning was disabled before her insured status expired. Such evidence was not available because Manning was not examined by a psychiatrist until 1980. In reviewing the testimony of Manning and her family, the ALJ concluded that it was “sincere although vague for the period prior to 1980 and regarding how and why the claimant stopped working in 1971, so that I cannot consider it entirely reliable” (ALT Decision at 5). Evidently the AU found the witnesses credible; the only fault he found with the testimony was lack of details.

As the Magistrate points out in his report, a review of the testimony presented before the AU reveals that the witnesses were remarkably consistent: since at least 1970, Manning has suffered from delusions and hallucinations. Manning fantasizes that she is hooked up to a computer. Manning’s mental problems in all probability contributed to her loss of her last job in 1971, and she has not been able to get another job since then. Upon review of the evidence, and given the AU’s conclusion that the witnesses were “sincere,” I agree with the Magistrate’s conclusion that the AU’s determination that the testimony was “vague” is not supported by substantial evidence. The testimony indicates that Manning suffered a disabling mental illness before her insured status expired in 1972,

Moreover, objective medical evidence is available that since at least 1980, when she was first examined by a psychiatrist, Manning has suffered from acute schizophrenia. The testimony of Manning’s family indicates that her mental problems were no worse in 1980 than they were in 1971. Obviously, chronic mental illnesses such as schizophrenia do not “arise full grown on the day the patient sees the doctor.” See McWilliams v. Bowen, 674 F.Supp. 12, 13 (W.D.Penn.1987).

In fact, the Social Security Rulings issued by the Secretary recognize that in cases of disabilities arising from nontrau-matic origins (i.e., a disease rather than an accident), there may be no contemporaneous doctor’s opinion to establish the onset of a disability. Social Security Ruling 83-20 (C.E.1983) addresses this issue. SSR 83-20 provides that for progressive impairments, it may be necessary “to infer the onset date from the medical and other evidence that describe the history and sympto- *432 matology of the disease process.” SSR 83-20 at 111. The ruling establishes a presumption in favor of the claimant: “In determining the date of onset of disability, the date alleged by the individual should be used if it is consistent with all the evidence available.” Id. If medical evidence is not available to establish the onset date, then the Secretary may obtain information from “family members, friends, and former employers.” Id. If the onset date must be inferred, the AU should obtain a medical consultant to review the claimant’s history. Id.

It is clear from the AU’s decision that he did not apply SSR 83-20 in his review of the evidence supporting Manning’s claim. Once published, a Social Security Ruling is binding on all parts of the Social Security Administration. See Heckler v. Edwards, 465 U.S. 870, 873 n. 3, 104 S.Ct. 1532, 1534 n. 3, 79 L.Ed.2d 878 (1984).

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Related

Heckler v. Edwards
465 U.S. 870 (Supreme Court, 1984)
Neal v. Bowen
828 F.2d 1027 (Fourth Circuit, 1987)
McWilliams v. Bowen
674 F. Supp. 12 (W.D. Pennsylvania, 1987)

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Bluebook (online)
717 F. Supp. 429, 1989 U.S. Dist. LEXIS 8931, 1989 WL 86641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-v-bowen-vawd-1989.