Montan v. Heckler

608 F. Supp. 80, 1984 U.S. Dist. LEXIS 21906
CourtDistrict Court, S.D. New York
DecidedNovember 19, 1984
DocketNo. 83 Civ. 7250 (CBM)
StatusPublished

This text of 608 F. Supp. 80 (Montan v. Heckler) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montan v. Heckler, 608 F. Supp. 80, 1984 U.S. Dist. LEXIS 21906 (S.D.N.Y. 1984).

Opinion

MEMORANDUM OPINION

MOTLEY, Chief Judge.

Plaintiff commences this action seeking judicial review, pursuant to section 205(g) of the Social Security Act, as amended (the “Act”), 42 U.S.C. § 405(g), of a final determination of the Secretary of the Department of Health and Human Services (the “Secretary”), which denied plaintiff’s application for federal disability insurance benefits. The case is before this court upon defendant’s motion for summary judgment on the pleadings dismissing the complaint, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. For the reasons set forth below, defendant’s motion is denied and this matter is remanded to the Secretary for further proceedings in accordance with this opinion.

FACTS

Plaintiff is a fifty-two year old male college graduate with a masters degree in special education. After serving in the armed forces during the Korean conflict, plaintiff worked as medical x-ray technician until 1966. He taught emotionally disturbed children from 1966 until 1978 when he was terminated due to his inability to handle such children. Plaintiff then taught [82]*82at another school until he quit in 1980. From 1980 through November, 1982, when his teaching license expired, plaintiff taught children at his home. Plaintiff has not worked since November, 1982.

Plaintiff has no access to a car, travels by public transportation, and is usually accompanied by a friend when he travels. He receives disability compensation from the Veterans Administration.

Plaintiff filed an application for disability insurance benefits on December 24, 1981, seeking benefits as of February, 1980, due to a back injury and a nervous condition. The application was denied initially and on reconsideration. A hearing was held at plaintiffs request on September 28, 1982. The Administrative Law Judge (the “ALJ”), Robert Schwartz, before whom plaintiff and his attorney appeared, determined that plaintiff was not disabled and was capable of returning to his prior work within the field of education. The determination of the ALJ became the final decision of the Secretary when it was approved by the Appeals Council on August 5, 1983.

The medical evidence submitted to the AU may be summarized as follows:

Dr. Mario Mancheno examined plaintiff in February, 1982, concerning plaintiffs back injury. Plaintiff told Dr. Mancheno that he had sustained a back injury in 1950, and subsequently reinjured himself in 1978 and 1979. Dr. Mancheno’s examination of plaintiffs back failed to reveal any significant limitation of motion or neurological abnormalities. The diagnosis was low back syndrome and Dr. Mancheno opined that plaintiff could walk ten to twelve blocks at a time, sit for six hours at a time, and stand for four hours at a time.

In May, 1982, plaintiff was examined by Dr. Caleb Medley. Dr. Medley found no basis to substantiate plaintiffs claim of a decrease in physical activities and submitted a residual functional capacity evaluation similar to that of Dr. Mancheno.

With respect to plaintiffs nervous condition, plaintiffs treating physician, Dr. Antonio Parras, submitted two reports. One report, dated May, 1981, stated that plaintiff had been seeing another physician from 1951 until 1971. Plaintiff, however, denied this statement at his hearing. Dr. Parras found plaintiff to have a blunted affect and to suffer from depression, partially due to his inability to work. The diagnosis of Dr. Parras was that plaintiff suffered from chronic schizophrenia, paranoid type, with depression. Dr. Parras concluded his report by stating that plaintiff was psychiatrically disabled and unemployable. Dr. Parras’ second report, dated July, 1982, indicated no improvement in plaintiff’s condition.

In February, 1982, plaintiff was examined by Dr. Juan Fiks. Dr. Fiks diagnosed plaintiff as suffering from adjustment reaction to adult life, with depression. Dr. Fiks found plaintiff’s affect to be appropriate and was of the opinion that plaintiff was capable of taking care of his personal needs and doing household chores. He thought plaintiff’s claims were exaggerated.

Dr. Richard King examined plaintiff and issued a report in May 1982. His diagnosis was chronic undifferentiated schizophrenia. Dr. King found plaintiff to have a flat affect and suffer from hallucinations. He asserted that plaintiff’s claims were consistent with his own findings.

Subsequent to the hearing, but before the decision of the Appeals Council, plaintiff submitted two more physicians’ opinions concerning his nervous condition. Dr. Robert Goldstein diagnosed plaintiff as suffering from paranoid schizophrenia and stated that plaintiff was occupationally incapacitated. Dr. Marvin Stone diagnosed plaintiff as suffering from chronic schizophrenia, paranoid type, and opined that plaintiff was incapable of holding down any kind of job.

DISCUSSION

The issue before this court is whether the Secretary’s determination that plaintiff was not disabled, thereby denying plaintiff disability insurance benefits, is supported by substantial evidence. A claimant is con[83]*83sidered disabled and therefore entitled to disability insurance benefits under the Social Security program where he is unable to “engage in any substantial activity by reason of any medically determinable physical or mental impairment which ... has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. §§ 416(i)(1)(A) (Supp. V 1981); 1382-e(a)(3)(A)(1976). The burden of proving such disability rests upon the plaintiff. 42 U.S.C. § 423(d)(5) (Supp. IV 1980); Parker v. Harris, 626 F.2d 225, 231 (2d Cir.1980).

The regulations set forth a five step sequence for the Secretary to utilize in evaluating disability claims. 20 C.F.R. §§ 404.1520, 416.920 (1983); Rivera v. Schweiker, 717 F.2d 719, 722 (2d Cir.1983). The procedure is summarized in Berry v. Schweiker, 675 F.2d 464, 467 (2d Cir.1982) (per curiam), as follows:

First, the Secretary considers whether the claimant is currently engaged in substantial gainful activity. If he is not, the Secretary next considers whether the claimant has a “severe impairment” which significantly limits his physical or mental ability to do basic work activities. If the claimant suffers such an impairment, the third inquiry is whether, based solely on medical evidence, the claimant has an impairment which is listed in Appendix 1 of the regulations.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Mathews v. Eldridge
424 U.S. 319 (Supreme Court, 1976)
Ghazibayat v. Schweiker
554 F. Supp. 1005 (S.D. New York, 1983)
Rodriguez v. Califano
431 F. Supp. 421 (S.D. New York, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
608 F. Supp. 80, 1984 U.S. Dist. LEXIS 21906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montan-v-heckler-nysd-1984.