Merrill W. REICHENBACH, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee

808 F.2d 309, 1985 U.S. App. LEXIS 31364, 16 Soc. Serv. Rev. 90
CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 18, 1985
Docket85-1071
StatusPublished
Cited by23 cases

This text of 808 F.2d 309 (Merrill W. REICHENBACH, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Merrill W. REICHENBACH, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee, 808 F.2d 309, 1985 U.S. App. LEXIS 31364, 16 Soc. Serv. Rev. 90 (4th Cir. 1985).

Opinion

CHAPMAN, Circuit Judge:

Merrill W. Reiehenbach appeals from the order of the district court affirming the Secretary’s denial of his third application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 416(e) and 423. The district court held there to be substantial evidence to support the decision .of the Administrative Law Judge (AD) that Reichenbach’s impairments are not severe enough to be classified as disabling under the Act even though Reiehenbach has a history of Reiter’s disease and slight intellectual deterioration. We disagree and conclude that in determining the degree of severity of Reichenbach’s impairments, the Secretary failed to consider the combined effect of his various impairments on his ability to work. Accordingly, we vacate the decision of the district court and remand the case with instructions to return it to the Secretary *310 for further proceedings in accordance with this opinion.

I

Reichenbach is 51 years old, has a fifth grade education and has had past relevant work experience as a maintenance engineer, a houseman for a hotel, and a security guard.

On May 20, 1982, Reichenbach filed his third application for disability insurance benefits, alleging disability as of November 25, 1978, due to Reiter’s disease and decreased intellectual functioning. Since pri- or applications also alleged disability as of November 25, 1978, due to the same impairments, with the second application being denied by the Administrative Law Judge (AU) on July 14, 1981, the Secretary, in this third application, found the prior decisions binding under the doctrine of res judicata and barred considering all evidence of record prior to July 14, 1981.

Reichenbach alleges disability due to Reiter’s syndrome, a triad of urethritis, conjunctritis, and arthritis, one of which may recur at monthly or yearly intervals. At the administrative hearing on the third application, Reichenbach testified that he experiences constant pain in his arms and spine; that he can never find a comfortable position standing, sitting or lying down; that he has to soak in a tub three times a day to relieve pain; and that he has to use a prescription cane which he has trouble holding.

Medical evidence reveals that on three occasions in 1982, Reichenbach received outpatient treatment at Johns Hopkins Hospital for what was diagnosed as glandular swelling and tenderness in the neck area as well as chronic thrombophlebitis for which he was advised to rest, elevate his leg two to three times daily, and take aspirin for pain.

On July 21,1982, Reichenbach was examined by Dr. Ardaiz at the request of the Social Security Administration. Dr. Ardaiz diagnosed him to have a history of Reiter’s disease, cirrhosis of the liver, parotitis, chronic bronchitis, peripheral neuropathy affecting both legs, dermatophytosis, and onicomycosis. While Dr. Ardiaz stated that he did not see enough objective evidence of present active Reiter’s syndrome at this point to qualify Reichenbach for disability, he opined that Reichenbach’s chances for vocational rehabilitation were poor.

In November 1982 Reichenbach was evaluated by Dr. Ansel, a licensed psychologist, also at the request of the Secretary. Utilizing the WAIS/R scoring system, Dr. Ansel found Reichenbach to have a verbal I.Q. of 75, a performance I.Q. of 76, and a full scale I.Q. of 75, which is classified as borderline intelligence. Bender-Gestalt testing indicated some impairment in visual motor functioning, and Rorschach testing was interpreted as suggesting some deterioration in intellectual efficiency from formally higher levels due to a result of long term alcohol abuse. Dr. Ansel opined that although Reichenbach’s mental impairments alone were not disabling, in combination with his physical problems there existed no vocational situation wherein Reichenbach could function adequately.

At the time of the hearing, Reichenbach was being treated by Dr. Robert E. Boyd, a specialist in rheumatology at the Johns Hopkins Arthritis Clinic. In a letter dated May 23, 1983, Dr. Boyd stated that Reichenbach has “a fairly straightforward history of Reiter’s syndrome that has been characterized by arthritis and its manifestations as well as eye inflammation.” He noted that the arthritic symptoms have been poorly controlled with medication. While he noted that x-rays were unremarkable, which is typical with patients having Reiter’s disease, x-rays of Reichenbach’s knees and ankles showed mild, degenerative arthritis. Dr. Boyd opined that Reichenbach’s “present functional capability is one that would make it difficult for him to do any work which requires significant standing and walking” and that “his hand and wrist symptoms would make a desk job ... difficult as well.” Moreover, Dr. Boyd stated that Reichenbach’s Reiter’s disease *311 is chronic and persistent and not likely to undergo dramatic improvement in the future.

The AU found that Reichenbach has a history of Reiter’s disease, post-surgical status for ulnar nerve palsy, and a history of alcoholism with cirrhosis of the liver and slight intellectual deterioration, but that these impairments were not prohibitive of any basic work activities. Additionally, the AU noted without explanation that Reichenbach’s “impairments have not resulted in a significant limitation of his residual functional capacity.” Consequently, the AU concluded that Reichenbach did not have a severe impairment and was not entitled to disability benefits. The district court subsequently affirmed the AU’s determination after the Appeals Council denied review. From this decision, Reichenbach appeals.

II

On appeal, Reichenbach contends in part that the district court erred in affirming the Secretary’s decision because the Secretary failed to consider the combined effect of his several physical impairments as well as the combined effect of his physical and mental impairments in determining whether these impairments were severe enough to prohibit basic work related activities as required under the Act. We agree.

A claimant for disability benefits bears the burden of proving a disability, 42 U.S.C. § 423(d)(5); 20 C.F.R. § 404.1512(a) (1985), which is defined by statute as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, ...” 42 U.S.C. § 423(d)(1)(A).

To determine whether an individual is disabled, the Social Security Administration has promulgated regulations establishing a sequential evaluation process. 20 C.F.R. § 404.1520 (1985). If an individual is found not disabled at any step, further inquiry is unnecessary. 20 C.F.R.

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Bluebook (online)
808 F.2d 309, 1985 U.S. App. LEXIS 31364, 16 Soc. Serv. Rev. 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrill-w-reichenbach-appellant-v-margaret-m-heckler-secretary-of-ca4-1985.