Margie BRYANT, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee

882 F.2d 1331, 1989 U.S. App. LEXIS 12324, 1989 WL 94510
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 21, 1989
Docket88-2567
StatusPublished
Cited by1 cases

This text of 882 F.2d 1331 (Margie BRYANT, Appellant, v. Otis R. BOWEN, 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
Margie BRYANT, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee, 882 F.2d 1331, 1989 U.S. App. LEXIS 12324, 1989 WL 94510 (8th Cir. 1989).

Opinion

HEANEY, Senior Circuit Judge.

Margie Bryant seeks disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. and supplemental security benefits under Title XVI of the Act, 42 U.S.C. § 1381 et seq. She appeals an order of the district court affirming the Secretary’s denial of benefits. We reverse.

BACKGROUND

This case involves a woman who, after several years of transient living, seeks supplemental income based on a physical and mental inability to engage in substantial gainful activity.

Bryant is forty-eight years old, stands 5'3" in height and weighs approximately 224 pounds. She has suffered from varicose veins, diverticulosis, chronic back pain and irritable bowel syndrome for several years. She has experienced ulcers on her legs, gall stones and bleeding gums. She also suffers from degenerative changes of the thoracic and lumbar spine and obesity.

Bryant dropped out of school in the eighth grade and worked as a waitress for several years. At age 19, Bryant married, but she divorced a year later after she accidentally shot her husband in the shoulder during an argument. She was placed on probation as a result of this incident. In 1971, Bryant’s problems with varicose *1332 veins forced her to leave her job as a waitress, and she successfully sought social security disability. These benefits were terminated in 1973 when Bryant took a job as an office helper at a sign company. Bryant left this job to move to Cedar Rapids in 1975.

In 1976, Bryant received a G.E.D. from the Kirkwood Community Center. From 1977 through 1981, Bryant was a client of the Iowa State Vocational Rehabilitation Services and attended approximately three years of college classes in a clerical receptionist program at Kirkwood Community College. While the school attempted to provide Bryant with financial and emotional support during her tenure at Kirkwood, she failed many classes and never received a degree or certificate. During this time, she worked part time at the school’s health occupations department and library on a work-study program. Apparently, during her years at the school, Bryant regularly had disagreements and arguments with authority figures at CETA, at the Kirkwood Skills Center, and in the school’s secretarial program.

Between 1981 and 1985, Bryant left Kirk-wood and did not maintain any permanent address. She apparently lived on the streets or with acquaintances when they would take her in. She sought a volunteer position, shelving books at the Mercy Hospital Library in early 1981. Carol Stalber-ger, director of volunteers at the hospital, stated that Bryant was volunteering when she was evicted from her apartment. According to Stalberger, Bryant began living on the streets and carried all of her personal belongings in a grocery cart. Stalberger noted that Bryant was “basically unemployable” at that time, and she left the hospital after a few months.

In April 1985, when Bryant’s transient living conditions deteriorated to the point where she spent most nights on the streets, Bryant allowed her representative to arrange for her admission to the Abbe Center for Community Care on an emergency basis. She has remained there ever since. The Center, formerly known as the Linn County Care Facility, is a statutorily authorized facility which provides residential and medical care to indigent persons who are unable to take care of themselves. See Iowa Code Ann. § 253.1 et seq. At present, Bryant works at the Center’s dining room, cleaning tables three hours a day, earning $1.70 an hour.

The medical evidence indicates that Bryant has suffered some impairment due to varicose veins and leg ulcers since 1971. She has also experienced low back pain since 1979. Degenerative changes in her lumbar spine were first detected in 1985. Similarly, Bryant has battled gastrointestinal problems since early 1979 and later she was diagnosed as suffering from irritable bowel syndrome.

Bryant underwent intelligence testing in 1978, the results of which revealed a verbal IQ of 97, a performance IQ of 86 and a full scale IQ of 91. Reading tests revealed problems in associations which would impede Bryant’s progress in competitive situations such as college. In 1985, Bryant was diagnosed by Dr. Patricia Rooney-Re-beck, a clinical psychologist, as suffering from “atypical facitious disorder with physical symptoms.” 1 Psychologist Quentin R. Sabotta also examined Bryant in 1985 and found her to have a markedly neurotic personality. Ellie Snavely, a psychologist and Bryant’s former vocational counselor at Kirkwood, performed psychological testing of Bryant on July 20, 1987. Using the results from a Minnesota Multiphasic Personality Inventory (MMPI), Snavely diagnosed Bryant as suffering from a passive-aggressive personality disorder. 2 This diagnosis was subsequently confirmed by Dr. Jack Dodd, a consulting psychiatrist.

*1333 Bryant testified at the hearing that she could walk two to four miles, could stand only five to ten minutes, could sit for only thirty to sixty minutes, could lift only fifteen pounds and could occasionally bend, stoop and squat. She related having difficulty getting along with others at the Abbe Center and having difficulty tolerating stress. Snavely testified that Bryant’s intellectual testing indicated that she would have a great deal of difficulty learning technical terms. She noted that Bryant’s anxiety level was elevated, that Bryant would be unable to work in a team situation, and that she would need a low stress working environment.

DISCUSSION

The AU found that Bryant was not engaged in substantial gainful activity, that her impairments did not meet or equal impairments listed in Appendix 1, and that Bryant has the residual functional capacity to perform the sedentary work of an office helper as that job is performed in the national economy. 3

The only issue on appeal is whether this decision is supported by substantial evidence on the record as a whole. After carefully reviewing the medical and psychological evidence in this record, as well as Bryant’s history of unsuccessful work attempts and transient living, we cannot find substantial evidence to support a finding that Bryant is presently able to perform substantial gainful activity or that she has been able to do so since 1981. We believe the record is replete with evidence indicating Bryant’s inability to function on her own, even without the additional burdens of a work environment. Thus, we feel an award of benefits is required in this case.

The ALJ found that Bryant suffers from several major medical impairments which limit her ability to perform even sedentary work. He found:

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882 F.2d 1331, 1989 U.S. App. LEXIS 12324, 1989 WL 94510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/margie-bryant-appellant-v-otis-r-bowen-secretary-of-health-and-human-ca8-1989.