Miller v. Richardson

325 F. Supp. 91, 1970 U.S. Dist. LEXIS 9821
District Court, S.D. West Virginia·Decided October 20, 1970·No. Civ. A. No. 2627·Published·Cited by 2 cases

Opinion

CHRISTIE, District Judge:

This is an action under Section 205(g) of the Social Security Act, 42 U. S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. Plaintiff filed an application for disability benefits on February 1, 1968, which was denied initially, on reconsideration and by a hearing examiner. On September 11, 1969, the Appeals Council denied plaintiff’s request for review and this decision became the final decision of the Secretary. Plaintiff then instituted a civil action in this court on September 29, 1969, and on November 28, 1969, this court, upon the motion of the Secretary, remanded the case to the Appeals Council for further proceedings. Thereafter, the Appeals Council vacated its prior decision, further evidence was received and on May 27, 1970, it rendered the Secretary’s final decision affirming the hearing examiner’s determination which held that the plaintiff is entitled to a period of disability commencing February 11, 1967, and terminating on February 18, 1968. Plaintiff takes exception to the Secretary’s action in limiting the duration of his disability to February 18, 1968, contending that it continued uninterruptedly to May 27, 1970, the date of the final decision. This matter is now before the Court upon the cross motions of the parties for summary judgment under Rule 56.

Plaintiff currently meets the special earnings requirements, and on the basis of his application, to sustain his claim he must establish that he was under a disability within the meaning of the Act,1 when the final decision of the Secretary was rendered. Flack v. Cohen, 413 F.2d 278 (4th Cir. 1969); Davidson v. Ribicoff, 204 F.Supp. 368 (S.D. W.Va.1962). Thus, the burden is upon the plaintiff to establish by credible evidence that he was disabled within the meaning of the Act, though such proof need not be carried beyond a reasonable doubt. Thomas v. Celebrezze, 331 F.2d 541 (4th Cir. 1964).

The standard of review in actions of this nature is found in Section 205(g) of the Act, as amended, and is as follows:

“The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive.* * *"

In short, the Courts are not to try the case de novo, and if the findings of the Secretary are supported by substantial evidence, the Courts are bound to accept them. Hicks v. Gardner, 393 F.2d 299 (4th Cir. 1968); Underwood v. Ribicoff, 298 F.2d 850 (4th Cir. 1962). Nevertheless, it is said that this provision of [93]*93the law does not contemplate that the Courts should surrender their “traditional functions,” but that they will view the record as a whole, not for the purpose of making an independent finding, but to determine whether or not the administrative finding is supported by substantial evidence and to see that the administrative agency does not act arbitrarily or capriciously in denying just claims or allowing unworthy ones. Thomas v. Celebrezze, supra; Underwood v. Ribicoff, supra; Snyder v. Ribicoff, 307 F.2d 518 (4th Cir. 1962); Miracle v. Celebrezze, 351 F.2d 361 (6th Cir. 1965). In determining the meaning of “substantial evidence,” the Courts have held it to be more than a scintilla, but less than a preponderance. Thomas v. Celebrezze, supra. It is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and it must be based on the record as a whole. Celebrezze v. Bolas, 316 F.2d 498 (8th Cir. 1963). The Fourth Circuit has pointed out that if there is only a slight preponderance of the evidence on one side or the other, the Secretary’s findings must be affirmed. Underwood v. Ribicoff, supra. Therefore, the immediate task of this Court on this review is to determine whether the defendant’s denial of plaintiff’s claim is supported by substantial evidence.

Plaintiff was born March 23, 1930, is married and has nine children. He completed the third grade in school, but can only read and write his name. His work experience has been exclusively that of manual labor chiefly in the timber industry. He was injured on February 11, 1967, when he fell from a truck. He returned to work three weeks later and hurt his back loading a tire on a truck; he was in the hospital in traction for sixteen days, returned home and again injured his back resulting in his being hospitalized and placed in traction. He worked under the ADUC program for five days in 1968, but quit because it was too painful to his back. His only source of income at the present time is $165 a month from welfare. He alleges disability since February 11, 1967, the date of his first injury.

A searching review of the record as a whole in this case convinces the Court that the plaintiff has failed to sustain the burden of proof in this proceeding, as contemplated by the holdings of Davidson v. Ribicoff, supra, and Thomas v. Celebrezze, supra. Under these holdings plaintiff must establish that he had an impairment, or impairments, as defined in Section 223(d) (3) of the Act, as amended, 42 U.S.C.A. § 423(d) (3), viz.:

“ ‘(A) physical or mental impairment’ is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.”

The applicable regulations, 20 CFR 404.-1502(b), place the burden on a claimant of establishing by “medical evidence, and where necessary by appropriate medical tests” that he had medically determinable impairments which “must be the primary reason” for his inability to engage in any substantial gainful activity. Such impairments may be considered “medically determinable” only if they “can be verified by the use of clinical and laboratory diagnostic techniques” and any resulting disability must be shown to be due to “structural, physiological or psychological changes which can be identified” by the use of such techniques. 20 CFR 404.1510(a). S.uch impairments must also result in a lack of ability to perform “significant functions.” 20 CFR 404.1502(b). Moreover, the supporting medical evidence should be “complete enough to support an independent diagnostic therapeutic and prognostic conclusion” to this effect. 20 CFR 404.1510(b).

Following is a brief summary of the relevant medical evidence:

1. Dr. Frank R. Jamison, general practitioner, examined plaintiff on October 10, 1966, in connection with a leg injury.

Free access — add to your briefcase to read the full text and ask questions with AI

Miller v. Richardson, 325 F. Supp. 91, 1970 U.S. Dist. LEXIS 9821 (S.D.W. Va. 1970).

325 F. Supp. 91 (Miller v. Richardson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related