McKeral v. Heckler

630 F. Supp. 727, 1986 U.S. Dist. LEXIS 29045, 13 Soc. Serv. Rev. 566
CourtDistrict Court, D. Montana
DecidedFebruary 21, 1986
DocketNo. CV 85-24-BU-CCL
StatusPublished
Cited by1 cases

This text of 630 F. Supp. 727 (McKeral v. Heckler) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKeral v. Heckler, 630 F. Supp. 727, 1986 U.S. Dist. LEXIS 29045, 13 Soc. Serv. Rev. 566 (D. Mont. 1986).

Opinion

MEMORANDUM AND ORDER

LOVELL, District Judge.

This is an appeal from a final decision of the Secretary of Health and Human Services (Secretary) denying Patricia McKeral’s claim for disability benefits under the Social Security Act. 42 U.S.C. §§ 301-1399. The Court’s jurisdiction is pursuant to 42 U.S.C. § 405(g). A complete transcript of the administrative proceedings is included in the record and the issues have been briefed.

BACKGROUND

Plaintiff is 45 years old. She completed high school and five years of formal nurse’s training. While serving in the Army Nurse Corps, plaintiff completed anesthesia training. She is a registered nurse whose primary work experience (1969 through 1982) has been as a certified nurse anesthetist. Plaintiff last worked from December 1979 through December 11, 1982, the onset date of her alleged disability, as a nurse anesthetist at Saint James Community Hospital in Butte, Montana.

[729]*729Plaintiff alleges she sustained injuries to her shoulders on August 17, 1982 while at work. During a surgical procedure on that date, she was intubating a large, heavy patient. Plaintiff was forced to hold the patient’s jaw in a forward position, using the full weight of her body, for more than one hour. Subsequently, plaintiff began experiencing pain in her shoulders and upper arms. A course of injections and physical therapy did not relieve plaintiff’s discomfort. She quit working on December 11, 1982. Thereafter, in January 1983, she underwent a surgical resection of the distal end of her left clavicle. Plaintiff underwent similar surgery on her right shoulder in April 1983. She attempted to return to work on June 23, 1983, but abandoned her effort before completing a single shift because of severe pain.

Plaintiff filed for disability insurance benefits on December 14, 1983, claiming disability commencing December 11, 1982. Her application was denied both initially and on reconsideration. Plaintiff requested a hearing and on July 23, 1984 she appeared with counsel before Administrative Law Judge Don Edgar Burris.

Based on the testimony and exhibits presented at the hearing, the ALJ found plaintiff suffers from the following medically determinable impairments: residuals of injury to both shoulders and surgery; acromioclavicular arthritis; and, chronic myofascial pain syndrome. In light of these physical impairments, the AU determined plaintiff is incapable of performing her past work as a nurse anesthetist. While the AU concluded that plaintiff’s exertional limitations would allow certain types of sedentary work, he found that plaintiff’s nonexertional impairments — primarily pain — preclude any form of gainful activity. Therefore, the AU approved plaintiff’s disability claim.

Acting on its own motion, 42 U.S.C. § 405(b), the Appeals Council reviewed the AU’s decision and reversed it. 20 C.F.R. §§ 404.969 and 404.979. The Appeals Council found plaintiff retains the residual functional capacity for at least sedentary work. The Appeals Council also found plaintiff’s subjective complaints of pain were not supported by medical evidence. The Appeals Council’s decision to deny plaintiff’s disability claim became the final decision of the Secretary. 20 C.F.R. § 404.981.

Plaintiff then commenced this action pursuant to 42 U.S.C. § 405(g). Judicial review under Section 405(g) is limited to “final decisions” of the Secretary. Thus, the issue before this Court is whether substantial evidence exists in the record to support the Appeals Council’s denial of benefits to plaintiff.

STANDARD OF REVIEW

The Court’s role in Social Security cases is limited by statute. On judicial review, the Secretary’s determination that a claimant is not disabled will be upheld if such finding is supported by substantial evidence, 42 U.S.C. § 405(g), and the Secretary applied the proper legal standards. Benitez v. Califano, 573 F.2d 653, 655 (9th Cir.1978). The “substantial evidence” standard requires more than a mere scintilla of evidence. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971), quoting, Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 216-17, 83 L.Ed. 126 (1938). See also Gallant v. Heckler, 753 F.2d 1450 (9th Cir.1984). While the reviewing Court may not substitute its findings for those of the Secretary, it may reject findings not supported by the record.

DISCUSSION

To obtain disability benefits, a claimant must demonstrate that a medically determinable physical or mental impairment prevents her from engaging in substantial gainful activity. 42 U.S.C. § 423(d)(1)(A). Such impairment must result from abnormalities identifiable by medically acceptable clinical or laboratory diagnostic techniques. 42 U.S.C. § 423(d)(3). The impairment must be expected to result in death or [730]*730to last for a continuous period of at least 12 months. 42 U.S.C. § 423(d)(1)(A).

Plaintiff bears the burden of establishing disability within the meaning of the Social Security Act. Maounis v. Heckler, 738 F.2d 1032 (9th Cir.1984). She raises a prima facie case of disability by showing her inability to perform former work. Maounis, 738 F.2d at 1034. Once a prima facie case is established, the evidentiary burden shifts to the Secretary. The Secretary must demonstrate that the plaintiff remains capable of engaging in other types of work existing in the national economy. Id.

In reviewing the denial of plaintiff’s disability claim, the Court first considers plaintiff’s ability to work an eight-hour shift at her former job. Her inability to do so is not disputed. Both the Appeals Council and the ALJ found plaintiff is unable to return to work as a nurse anesthetist. Thus, a prima facie case of disability has been presented.

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Cite This Page — Counsel Stack

Bluebook (online)
630 F. Supp. 727, 1986 U.S. Dist. LEXIS 29045, 13 Soc. Serv. Rev. 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckeral-v-heckler-mtd-1986.