McDonald ex rel. McDonald v. Shalala

837 F. Supp. 366, 1993 WL 477623
CourtDistrict Court, D. Kansas
DecidedOctober 28, 1993
DocketCiv. A. No. 92-4175-DES
StatusPublished

This text of 837 F. Supp. 366 (McDonald ex rel. McDonald v. Shalala) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDonald ex rel. McDonald v. Shalala, 837 F. Supp. 366, 1993 WL 477623 (D. Kan. 1993).

Opinion

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on plaintiffs motion to remand or, in the alternative, reverse the Secretary’s denial of disability benefits under Title II of the Social Security Act (Doc. 6). In response, defendant Secretary of Health and Human Services moves to affirm the Secretary’s decision (Doc. 8).

Having reviewed the record of the case and for the reasons set forth in this order, the court affirms the Secretary’s decision.

Procedural History

On December 26,1989, Mr. J.C. McDonald (“claimant”) applied for disability insurance benefits under Title II of the Social Security Act. Claimant alleged a disability onset date of September 25,1986. On July 27,1990, the Social Security Administration (“Administration”) awarded benefits and established a disability onset date of January 1, 1990. On November 26, 1990, the Administration revised their earlier decision and established a disability onset date of September 1, 1989.

On February 4, 1991, claimant, alleging a disability onset date of January 1, 1988, requested reconsideration of the Administration’s disability onset date decision. On February 25,1991, the Administration denied his request.

Claimant died on February 13, 1991. Following her husband’s death, Mrs. McDonald requested both that she be made a substituted party on his behalf and that she receive an administrative hearing on the issue of his disability onset date. The hearing was held on August 14, 1991. At the hearing, her request to be made a substituted party was granted.

On August 21, 1991, the Administrative Law Judge (“ALJ”) rendered a decision denying Mrs. McDonald’s request to revise the disability onset date.

On October 23, 1991, Mrs. McDonald requested review by the Appeals Council of the Social Security Administration (“Appeals Council”). On May 29, 1992, the Appeals Council denied her request for review.

The ALJ’s decision stands as the Secretary’s final decision.

Plaintiff’s Medical History

In his application for disability benefits, claimant stated he was born April 18, 1930. He alleged disability beginning September 25, 1986. In his request for reconsideration, claimant revised his claimed onset date of disability to January 1, 1988.

Treatment notes from Dr. M. Moshref reveal the following: on September 15, 1986, claimant complained of ringing in his ears, he reported feeling like his head was in a “clamp,” and his blood pressure was 160/100; on September 22, 1986, Dr. Moshref noted claimant was nervous and concerned about being “retired” after 30 years, his blood pressure was 165/100, and Dr. Moshrefs notes refer to hypertension; on September 30, 1986, claimant reported an episode where he had difficulty forming words, he complained of pressure in his head, and Dr. Moshrefs notes state that claimant was “ ‘totally devastated ’ ” by his termination.

The record also contains three detailed medical reports prepared by three different doctors. The reports were prepared in furtherance of claimant’s California worker’s compensation claim. The first report was prepared on December 12, 1986, by Dr. Ira Monosson. Dr. Monosson examined claimant on November 7, 1986. The second report was prepared on January 20, 1988, by Dr. Gerald Weingarten. Dr. Weingarten examined claimant on January 14, 1988. The third report was prepared on May 19, 1988, by Dr. Alvin Markovitz. Dr. Markovitz examined claimant on May 19, 1988.

[369]*369At the conclusion of Dr. Monosson’s December 12, 1986, report, he lists his diagnoses as follows: (1) hypertension; (2) recent transient ischemic attack; and (3) adjustment disorder with anxiety and depression.

Dr. Monosson notes claimant was under a significant degree of emotional stress while employed at Colony Paints. He believed the stress claimant experienced on the job aggravated his hypertension. He recommended that claimant be restricted to jobs with no more than minimal emotional strain. Additionally, he recommended claimant avoid heavy lifting so as not to aggravate his hypertension. He wrote that claimant “has been rendered permanently and totally disabled for his usual and customary occupation as a regional sales representative with Colony Paints.” Additionally, he noted claimant should be referred to a psychiatrist for treatment of his stress related anxiety and depression.

At the conclusion of Dr. Weingarten’s January 20, 1988, report, he lists his diagnoses as follows: (1) primary hypertension; and (2) chronic obstructive pulmonary disease.

Dr. Weingarten observed what he stated to be the natural progression of primary hypertension. He did not believe claimant’s employment with Colony Paints “caused, aggravated, or accelerated his hypertension condition.” Additionally, Dr. Weingarten noted claimant had an elevated blood pressure and mild to moderate chronic obstructive pulmonary disease. Dr. Weingarten concluded as follows:

[Claimant] has a disability precluding heavy work. In regards to his hypertension condition, he just has a prophylactic disability precluding very heavy lifting.... Mr. McDonald is not disabled from his usual and customary employment as a sales representative with the Colony Paint Company. He is only restricted prophy-lactically from chronic undue emotional stress or strain.

At the conclusion of Dr. Markovitz’s May 19, 1988, report, he lists his diagnoses as follows: (1) stress induced hypertension without secondary damage; (2) chronic obstructive pulmonary disease; and (3) anxiety and nervousness with tremor.

In his report, Dr. Markovitz takes exception with aspects of both Dr. Monosson and Dr. Weingarten’s reports. Dr. Markovitz does not believe Dr. Monosson is justified in placing a “heavy lifting” restriction on claimant’s employment status. He does not agree with the implicit connection Dr. Monosson draws between heavy lifting and aggravation of hypertension. Dr. Markovitz strongly disagrees with Dr. Weingarten’s conclusion that claimant’s hypertension is unrelated to the employment environment at Colony Paints. Dr. Markovitz blames the stress attendant to claimant’s position at Colony Paints for his hypertension and related problems.

Dr. Markovitz concluded as follows:

[Claimant] should avoid ‘undue emotional stress.’
The patient cannot return to his former occupation, at least to the same place, but he could do the same type of work at a different location....
It is my judgment that there is absolutely no question that the stresses of his occupation precipitated his hypertension, in the absence of which he would not have had hypertension.
He should avoid undue emotional stress. It is work related.... His disability is to avoid undue emotional stress. He does not need to avoid heavy lifting.

The record shows no further medical treatment until January 17, 1990. On this date, claimant was admitted to the hospital after coughing up two and a half cups of blood. Chest X-rays revealed bilateral apical pleural thickening. Claimant was discharged on September 20, 1990.

Claimant returned to the hospital on March 10, 1990. He complained of a headache. During testing, a mass was detected on his right lung. A pathology report dated March 30, 1990, confirmed the mass was malignant.

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Bluebook (online)
837 F. Supp. 366, 1993 WL 477623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-ex-rel-mcdonald-v-shalala-ksd-1993.