May v. Heckler

607 F. Supp. 667, 1985 U.S. Dist. LEXIS 20295, 9 Soc. Serv. Rev. 811
CourtDistrict Court, W.D. Wisconsin
DecidedApril 30, 1985
DocketNo. 84-C-226-D
StatusPublished

This text of 607 F. Supp. 667 (May v. Heckler) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
May v. Heckler, 607 F. Supp. 667, 1985 U.S. Dist. LEXIS 20295, 9 Soc. Serv. Rev. 811 (W.D. Wis. 1985).

Opinion

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

Plaintiff brings this action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), seeking a review of a final decision of the defendant Secretary. The Secretary determinéd that plaintiff was ineligible both for disability insurance benefits under sections 216(i) and 223 of the Social Security Act, as amended, 42 U.S.C. §§ 416(i) and 423, and for supplemental security income (SSI) benefits under section 1614(a)(3)(A) of the Social Security Act, 42 U.S.C. § 1382c(a)(3)(A). In accordance with the provisions of 42 U.S.C. § 405(g), the Secretary has filed a certified copy of the administrative record transcript.

OVERVIEW OF THE RECORD

1. Procedural History

On July 30, 1982, Elizabeth May filed applications with the Social Security Administration for disability insurance and supplemental security income benefits; she alleged that she had been unable to work since August 25, 1980, due to her paranoid schizophrenia. (Tr. 50-63) These applications were denied by the Social Security Administration in notices dated September 10, 1982. (Tr. 64-68) On November 4, 1982, plaintiff sought reconsideration of the denials. (Tr. 69) On January 14, 1983, the Secretary determined that plaintiff was not entitled to receive disability insurance or supplemental security income benefits. (Tr. 70-74)

Pursuant to plaintiffs timely request, a hearing was held before an administrative law judge (ALJ) on June 13, 1983. Plaintiff appeared with a non-attorney representative and was the sole witness at the proceeding, which lasted approximately one hour. (Tr. 22-39) On September 26, 1983, the AU issued her decision denying disability insurance and supplemental security income benefits. (Tr. 11-15) On December 16, 1983, plaintiffs non-attorney representative wrote to the Appeals Council, requesting reversal of the AU’s decision or remand. (Tr. 7-9) On December 30, 1983, plaintiff filed a request for review of the AU’s decision. (Tr. 6) The Appeals Council-denied plaintiffs request on January 25, 1984. (Tr. 4-5) Accordingly, the ALJ’s decision became the final decision of the Secretary.

Plaintiff commenced the present action on March 15,1984. In the complaint and in a motion dated July 6, 1984, plaintiff seeks an order reversing the Secretary’s decision or, alternatively; vacating the decision and remanding the case to the Secretary for a new hearing. Plaintiff also requests reasonable costs and disbursements. Plaintiff contends that the Secretary’s decision was arbitrary, capricious, not supported by substantial evidence, and premised on errors of law. Defendant seeks an order affirming the Secretary’s decision.

2. Medical Evidence

Plaintiff was born on October 1, 1937 (Tr. 15) and at the time of the administrative hearing was forty-five years old. (Tr. 26) She is a high school graduate (Tr. 27) and her past relevant work history consists of positions as waitress, assistant manager, and manager at various restaurants. (Tr. 28-31) Plaintiff completed an eight-week homemaker health care aide course on June [670]*67010, 1983, at Madison Area Technical College, a vocational school. (Tr. 27)

The record contains a number of medical reports of the diagnosis, treatments and prognoses of plaintiffs mental and physical impairments. Described in chronological order, the following reports summarize the medical evidence of record.

On November 18, 1980, plaintiff was examined at the University of Wisconsin Hospital and was diagnosed as having musculo-skeletal chest wall pain. (Tr. 143)

On March 18, 1981, Kenneth H. Rusch, M.D., board-certified psychiatrist, saw plaintiff and filed an extensive report of their session. (Tr. 144-147) Plaintiff told Dr. Rusch of her “long history of treatment for repeated episodes of mental illness,” 1 which included nine nervous breakdowns, electroconvulsive therapy, numerous suicide attempts, failed marriages, spousal abuse, repeated hospitalizations for psychiatric care and for treatment of complications resulting from a hysterectomy, and long-term use of prescribed tranquilizers. (Tr. 144-145) Plaintiff stated that in spring of 1980 she experienced a “crisis” of extreme paranoia, at which time she went to the Dane County Mental Health Center and was prescribed increased doses of medication. Subsequently, plaintiff left her employment as manager of a hotel restaurant, secured another job at a fast food-restaurant, and finally left that position a few weeks before her examination by Dr. Rusch. (Tr. 145-146)

Dr. Rusch observed that plaintiff was “cooperative and generally appeared in good spirits, except when discussing her father, when she wept.” (Tr. 146) Dr. Rusch further noted that plaintiff showed no signs of depression or suicidal thinking at their session, but that “[s]he did display a somewhat confused manner and expressed some religious preoccupations, as well as what appeared to be paranoid thinking concerning her first husband.” (Tr. 146) Specifically, plaintiff claimed to Dr. Rusch during their session that her first husband had been in the Mafia; she called Dr. Rusch later that day to request that he change his report to state that her first husband had been “a communist or a Nazi.” (Tr. 146) The next day, plaintiff brought Dr. Rusch a note in which “she continued to express considerable paranoid thinking and also spoke in a rather disorganized way about God’s plan.” (Tr. 147) Dr. Rusch noted that she was well-oriented and apparently of average intelligence, but that she suffered from impaired judgment and a lack of insight. (Tr. 147)

Dr. Rusch diagnosed plaintiff’s condition as chronic2 paranoid schizophrenia,3 which “appeared to be decompensating4 into acute psychotic symptomatology.”5 Plaintiff told Dr. Rusch that she felt unable to handle work pressures. Dr. Rusch concluded:

Despite the fact that she has had multiple psychiatric hospitalizations, apparently she has been able to work in fairly responsible positions. For this reason I would estimate the prognosis would be fair if she cooperates with psychiatric treatment.

(Tr. 147)

In a report dated March 25, 1981, Leonard Stein, M.D., board-certified specialist in [671]*671psychiatry and neurology, stated that plaintiff had been admitted that day to the Methodist Hospital in Madison, Wisconsin for treatment of a recurring schizophrenic episode. Dr. Stein noted that plaintiff’s symptoms of auditory hallucinations and paranoid thinking had been caught at an early stage, and that appropriate medication had been prescribed to stabilize her condition. Finally, Dr. Stein prescribed continued medication and outpatient followup, and diagnosed plaintiff’s condition upon discharge as “paranoid-type schizophrenia in remission.” 6 (Tr. 148)

On March 26, 1981, Dr. Stein and Ms.

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Bluebook (online)
607 F. Supp. 667, 1985 U.S. Dist. LEXIS 20295, 9 Soc. Serv. Rev. 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/may-v-heckler-wiwd-1985.