Mitchell v. Heckler

592 F. Supp. 618, 1984 U.S. Dist. LEXIS 23812, 7 Soc. Serv. Rev. 307
CourtDistrict Court, S.D. Florida
DecidedSeptember 6, 1984
DocketNo. 84-142-CIV-EPS
StatusPublished
Cited by2 cases

This text of 592 F. Supp. 618 (Mitchell v. Heckler) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Heckler, 592 F. Supp. 618, 1984 U.S. Dist. LEXIS 23812, 7 Soc. Serv. Rev. 307 (S.D. Fla. 1984).

Opinion

MEMORANDUM OPINION AND ORDER

SPELLMAN, District Judge.

THIS CAUSE is before the Court to review the final decision of the Secretary of Health and Human Services (HHS) terminating disability benefits pursuant to 42 U.S.C. §§ 416(i) and 423. For the reasons stated below, the Court reverses the decision of the Secretary terminating the entitlement of disability benefits and remands this cause for further proceedings, not inconsistent with this Opinion.

BACKGROUND

Mr. Mitchell had previously worked as an auto mechanic. He was determined to be [619]*619disabled in 1980 after he underwent open heart surgery. In March of 1983, HHS sent a letter to Mr. Mitchell stating that it had determined that he was no longer disabled. At a hearing contesting this decision in August 1983 before an Administrative Law Judge (AU), Mr. Mitchell relied on other impairments that he had developed rather than the disability stemming from his heart surgery. Evidence was presented that Mr. Mitchell had a back problem, that he suffered from hypertension, shortness of breath and labored breathing. In addition, evidence was presented that Mr. Mitchell had psychiatric problems, that he was mildly mentally retarded, that he had lost fine dexterity, and that he had poor short term memory.

Mr. Mitchell testified that he suffered severe pain from his back problems and was unable to sit for long periods of time or even walk around the block.

THE ALJ’S FINDINGS

The AU found that Mr. Mitchell’s orthopedic impairments precluded him from returning to his prior work as an automobile mechanic. Mr. Mitchell’s own testimony about his pain was discounted to the extent that it was not supported by clinical or laboratory tests. The AU found that Mr. Mitchell had the “residual functional capacity” to perform sedentary work except for work that involves prolonged sitting, prolonged standing, or heavy lifting. The AU then referred to HHS’ Medical-Vocational Guidelines (the “grid regulations”), apparently plugged in Mr. Mitchell’s “residual functional capacity,” age, education, and work experience, and found that Mr. Mitchell was no longer disabled.

STANDARD OF REVIEW

This Court has a very limited role in reviewing the factual findings of the Secretary. If there is substantial evidence in the record to support the Secretary’s findings, the Secretary must be upheld. 42 U.S.C. § 405(g). This test is met if a reasonable person would accept the evidence in the record as adequate to support the challenged conclusion. Boyd v. Heckler, 704 F.2d 1207, 1209 (11th Cir.1983).

This Court must also determine whether the Secretary has applied correct legal standards in reviewing the claim. It is well-settled that “no similar presumption of validity attaches to the Secretary’s conclusions of law, including determination of the proper standards to be applied in reviewing claims.” Smith v. Schweiker, 646 F.2d 1075, 1076 (11th Cir.1981). If the Secretary failed to apply the proper legal standard, or even provide the reviewing Court with a sufficient basis from which to determine that the correct legal standard has been utilized, reversal is required. Wiggins v. Schweiker, 679 F.2d 1387, 1389 (11th Cir.1982).

THE LAW AS IT APPLIES TO MR. MITCHELL

In reviewing the testimony and documents presented to the AU, this Court finds that there was substantial evidence in the record to support a finding that Mr. Mitchell was capable of doing sedentary work so long as it did not involve prolonged standing, sitting, or heavy lifting. However, the Secretary applied the incorrect legal standards to this evidence.

The most obvious error is the way the AU treated Mr. Mitchell’s testimony about the pain he suffers in his back and his inability to sit or stand for any extended period of time. According to the AU, the regulations require that:

the validity of the claimant’s allegation of inability to work for any period of time and any subjective symptoms of chest and back pain be conceded only insofar as the complaints are supported by clinical and laboratory diagnostic techniques. Statements of the claimant, including his own description of his impairment are, alone, insufficient to establish the presence of a physical or mental impairment.

Decision at 5.

The Fifth and Eleventh Circuits have emphatically rejected the notion that, to be [620]*620disabling, subjective claims of pain must be supported by objective medical evidence or by clinical or laboratory findings. Walden v. Schweiker, 672 F.2d 835, 840 (11th Cir. 1982) (“[i]t is well established in the Fifth and Eleventh Circuits that pain alone can be disabling, even when its existence is unsupportable by objective evidence”).

Mr. Mitchell testified that he suffered considerable pain from his back problems and that this pain prevented him from working a full day with any regularity. He also testified that the pain allowed him to sit no longer than two hours at a time. This pain could be linked to Mr. Mitchell’s degenerative arthritis of the lumbar sacral spine — a “medically determinable impairment.” While it is the role of the AU to make credibility determinations with respect to a claimant’s complaints of pain, it is incorrect as a matter of law to reject a claimant’s claims of pain because they were not supported by clinical or laboratory techniques. Since the AU apparently did not consider Mr. Mitchell’s subjective complaints of pain to the extent that they were not objectively supported by medical evidence, the case must be reversed and remanded.

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Related

Mitchell v. Bowen
645 F. Supp. 469 (S.D. Florida, 1986)
Mitchell v. Heckler
617 F. Supp. 841 (S.D. Florida, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
592 F. Supp. 618, 1984 U.S. Dist. LEXIS 23812, 7 Soc. Serv. Rev. 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-heckler-flsd-1984.