Murphy v. Gardner

379 F.2d 1
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 14, 1967
DocketNo. 18618
StatusPublished
Cited by34 cases

This text of 379 F.2d 1 (Murphy v. Gardner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murphy v. Gardner, 379 F.2d 1 (8th Cir. 1967).

Opinion

HEANEY, Circuit Judge.

This action was instituted by the Administrator of the estate of Mary Al-bertine Murphy, deceased, under § 205 (g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary denying a claim for a period of disability under § 216 (i), prior to February 28, 1964, and for monthly disability insurance benefits under § 223 of the Act, 42 U.S.C.A. §§ 416, 423 prior to September, 1964. The District Court affirmed the Secretary’s decision. The Administrator of the estate appeals, contending that the decedent became disabled on July 10, 1961.

The question raised on appeal is whether Mrs. Murphy was disabled within the meaning of the above statute on July 10, 1961. If that date were accepted, her two minor children would be entitled [3]*3to monthly benefits of about $50.00. See 42 U.S.C.A. § 402(d)(5); 42 U.S.C.A. § 414(b).

The decedent worked for the Southwestern Bell Telephone Company for nearly seventeen years. Prior to 1961, she was in excellent health and was described as a strong, healthy and energetic woman who enjoyed her work and her family, and who actively participated in the affairs of her church and community. In early 1961, she noticed a swelling of her right breast, complained of a loss of strength and energy and general physical weakness, and was absent from work because of her illness for forty-seven days during January and March. Her condition failed to improve, and in July of 1961, on the recommendation of her family doctor, Dr. Faris, she went on a disability leave. The leave of absence did not accomplish the desired results, and in January, 1962, she resigned from her job — again on her doctor’s advice.1

There was no significant change in Mrs. Murphy’s condition from the time of her resignation until July of 1964. During this period, she remained under the care of Dr. Faris, and was bedridden much of the time and under constant medication. She was, on occasion, able to do some light housework2 with help from her husband. Heavy cleaning was done by outside help. She was unable to engage in outside social activities. She continually complained of breast pain and extreme fatigue.

In July, 1964, Dr. Faris hospitalized her for various (undisclosed) tests, all of which were negative. He then referred her to Dr. Latham, a psychiatrist, who examined her on July 23, 1964. Dr. Latham found her to be suffering from moderately severe psychiatric impairment, depressed, and desirous of receiving any treatment that could prove helpful. He hospitalized the decedent for a month, during which she received electro[4]*4shock treatments, drugs and psychotherapy. She continued to be treated as an out-patient during September, October and November of 1964. She never reached a point where the psychiatrist considered her to be making an adequate adjustment, and psychiatric impairment remained moderately severe.

In November of 1964, Mrs. Murphy sought additional medical advice from Dr. Orval E. Riggs. After an examination and hospitalization for additional tests, a diagnosis of inflammatory carcinoma of the right breast was made with a prognosis of an expected life span of perhaps six months.3

Mrs. Murphy filed an application for a period of disability and for disability insurance benefits on December 18, 1964, alleging that she became unable to work on July 10, 1961, at the age of thirty-seven. The application was initially allowed from August 31, 1964. However, upon reconsideration and after the Arkansas State Department for Social Security Administration Disability Determination had re-evaluated the evidence, a disability date of February 28, 1964, was established.

A de novo hearing, requested by Mrs. Murphy, was held before a Hearing Examiner of the Department of Health, Education and Welfare, on August 19,1965, who confirmed' the disability date of February 28, 1964.4 This decision became the final decision of the Secretary [5]*5of Health, Education and Welfare, subject to judicial review, when the Appeals Council denied Mrs. Murphy’s request for review on November 22, 1965.

Mrs. Murphy died on the day the Appeals Council adversely decided her case.

The standards that this Court will apply on review of the Secretary’s findings have been developed in a series of recent decisions: Marion v. Gardner, 359 F.2d 175 (8th Cir. 1966); Brasher v. Celebrezze, 340 F.2d 413 (8th Cir. 1965); Celebrezze v. Sutton, 338 F.2d 417 (8th Cir. 1964); Celebrezze v. Bolas, 316 F.2d 498 (8th Cir. 1963). They are applied here.

To establish a statutory disability, it is necessary that there be: (1) a 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 twelve months,5 (2) an inability to engage in any substantial gainful activity by reason of the impairment. 42 U.S.C.A. § 423; Easttam v. Secretary of Health, Ed. and Welfare, 364 F.2d 509, 511 (8th Cir. 1966); Nichols v. Gardner, 361 F.2d 963-965 (8th Cir. 1966); Celebrezze v. Bolas, supra, 316 F.2d at 501. We shall consider (2) first.

The decedent’s ability to engage in substantial gainful employment from July 10, 1961, to February 28, 1964, is not seriously questioned by the appellee. Nor is there evidence to support such a finding. The decedent, her husband, her job supervisor and her neighbors all testified that the claimant was unable to continue at her former job with the telephone company, and affirmed her contention that she was unable to do any other work of a substantial gainful nature. Her family doctor stated categorically that she was unable to return to work during the entire period.

No evidence was presented by the appellee to establish that the decedent could have continued her work with the telephone company or that she could have performed other gainful employment. The appellant clearly sustained her burden of establishing her inability to engage in any substantial gainful employment. See Davidson v. Gardner, 370 F.2d 803 (6th Cir. 1966); Celebrezze v. Sutton, supra; Lackey v. Celebrezze, 349 F.2d 76 (4th Cir. 1964).

Nor did the appellee present any testimony tending to show that the claimant’s failure to seek gainful employment was related to a desire on her part not to be so employed. While the Secretary speculated in his brief that the claimant may have quit work in 1961 because her husband had just graduated from college, it was conceded on oral argument that there was no evidence to support such speculation.

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

Related

Puglisi v. United States
Second Circuit, 2009
Necessary v. Bowen
671 F. Supp. 1086 (E.D. North Carolina, 1987)
Valdez v. Heckler
616 F. Supp. 933 (N.D. California, 1985)
Barnes v. Schweiker
562 F. Supp. 433 (N.D. Iowa, 1983)
Curtin v. Harris
508 F. Supp. 791 (D. New Jersey, 1981)
Williams v. Harris
504 F. Supp. 819 (E.D. Texas, 1980)
Gyurko v. Harris
487 F. Supp. 1121 (D. Connecticut, 1980)
Williamson v. Califano
487 F. Supp. 308 (W.D. Missouri, 1980)
Meek v. Califano
488 F. Supp. 26 (D. Nebraska, 1979)
Boyer v. Califano
456 F. Supp. 809 (E.D. Missouri, 1978)
Palik v. Mathews
422 F. Supp. 547 (D. Nebraska, 1976)
Rayborn v. Weinberger
398 F. Supp. 1303 (N.D. Indiana, 1975)
Selig v. Richardson
379 F. Supp. 594 (E.D. New York, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
379 F.2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-gardner-ca8-1967.