Orr v. Sullivan

796 F. Supp. 1368, 1992 U.S. Dist. LEXIS 9822, 1992 WL 153003
CourtDistrict Court, D. Oregon
DecidedJune 29, 1992
DocketCiv. No. 91-1223-FR
StatusPublished

This text of 796 F. Supp. 1368 (Orr v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Orr v. Sullivan, 796 F. Supp. 1368, 1992 U.S. Dist. LEXIS 9822, 1992 WL 153003 (D. Or. 1992).

Opinion

OPINION

FRYE, Judge:

Plaintiff, Vera P. Orr, brought this action pursuant to Section 205(g) of the Social Security Act (the Act), as amended, 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the Secretary of Health and Human Services (the Secretary), denying Orr’s application for disability insurance and Supplemental Security Income (SSI) benefits for the period beginning in June of 1989.

BACKGROUND

Orr filed an application for SSI and Social Security disability benefits on June 12, 1989, alleging that she became disabled on June 21, 1988 due to high blood pressure, diabetes, and “toe with gangrene.” The application was denied initially and upon reconsideration. Thereafter, a hearing was held before an Administrative Law Judge (the ALJ), who issued an opinion on January 24, 1991 denying both disability insurance benefits under sections 216(i) and 223 of the Act and SSI benefits under sections 1602 and 1614(a)(3)(A) of the Act.

[1370]*1370Upon review by the Appeals Council, on September 24, 1991, the decision of the ALJ was affirmed. Orr then filed this action.

FACTS

Orr was born on July 14, 1926. At the time of her alleged onset of disability, in June of 1988, she was 61 years old. She has no significant training beyond the ninth grade. Her past relevant work history includes work as a homemaker, general houseworker, and “informal waitress.” 1

Orr alleges that her disability began when she stubbed her second toe, and the resulting blood blister developed into an ulcer in June of 1988. The ulcer came about because of her neuropathy and diabetes which causes reduced blood flow in her feet. Dr. Ambrose K. Su, the primary treating physician for her toe condition, recommended that Orr be on her feet as little as possible during the healing process, which he said would range from three to six months. On September 23, 1989, Dr. Su noted that her toe was healing well. She was scheduled for a return appointment which she did not make. Dr. Su stated that Orr should have no functional limitations after the toe healed.

Orr has a history of diabetes mellitus, Type II, dating back to 1977. Though her diabetes has been poorly controlled in the past, on July 10, 1989, Dr. Richard Ettinger, her treating physician, noted that her diabetes was in good control. Her aging has been accelerated, and she is at greater risk from complications of cardiac, arterial or renal causes because of her diabetes.

Her diabetes has caused peripheral neuropathy, which Orr contends results in occasional numbness in her hands and feet. In an examination in March of 1989, Dr. Ettinger could not detect pulses in her lower extremities. He diagnosed peripheral vascular occlusive disease in her lower extremities. He did not detect any deficit as to touch, vibratory or T sense in her hands.

Orr has also had a history of back pain. She was involved in a motor vehicle accident in January of 1983 and has repeatedly complained of mid-lumbar pain since that time. During her .administrative hearing, she testified that she had experienced back pain during her previous employment when she performed strenuous work, such as mopping floors or lifting heavy objects, and that driving in the car for long periods and even sleeping could be very painful. T-35. She also testified that light tasks, such as laundry and making her bed, did not result in back pain, and that her back did not hurt during the entire hour she was on the stand testifying at the hearing.

In 1987 and 1988, Orr was treated for urinary tract infections, acute pyelonephritis (inflammation of the kidney due to bacterial infection), with vomiting, non-insulin dependent diabetes mellitus, hypertension, and obesity. In a letter dated October 7, 1988, Dr. George Waldmann, reported that Orr had no evidence of toe gangrene, that the acute pyelonephritis condition was resolving as of August 17, 1988, and that she had no functional limitations based on objective findings related to these various conditions.

In October of 1988, Orr was examined by Janet Bissell, R.N. of the Oregon State Department of Health and Human Services to determine whether or not Orr was disabled. Nurse Bissell stated that “[i]t appears that the patient’s diabetes and obesity are affecting her general health____ I feel her age and unresolved complaints make her an unlikely employable person.” T-128.

In March of 1989, Orr again was examined after complaining of profound weakness, numbness and tingling, and weakness in her fingers and legs, tension type headaches, and back pain. T-285. A zone of dense sclerosis posteriorly at L-4 and L-5 was found, most likely related to advanced posterior element degenerative changes; however, Orr’s medication was adjusted, and on April 10, 1989, Dr. Ettinger report[1371]*1371ed that she was feeling better, and that her back pain had lessened and was “particularly improved with walking.” T-291. On April 20, 1989, Dr. Ettinger provided a letter for Orr’s disability case, indicating that her current diagnoses were diabetes mellitus, poorly controlled with oral medication; hypertensive cardiovascular disease; peripheral vascular occlusive disease; hyperlipidemia; and chronic lumbar strain. T-293. He added that “it is extremely unlikely that this 62 year old woman with multiple medical problems is able to be employable for physical work.” Id.

In April of 1990, Orr was examined for vocational rehabilitation by Douglas Lieuallen, M.D. T-298-300. At that time, she reported “generally feeling well,” though she complained of pain in her neck and back and also of chronic numbness and coldness in her feet. Id. Dr. Lieuallen, after a clinical examination and viewing x-rays taken by Dr. Ettinger, diagnosed Orr as having degenerative arthritis, primarily in the cervical and lumbar spine with symptoms out of proportion to the degree of physical and radiographic findings; diabetic polyneuropathy; hypertension; and obesity. T-300.

The AU concluded that:

Ms. Orr retains the functional capacity to perform work other than that requiring lifting, carrying, pushing or pulling weight above the light exertion level, more than occasional climbing, and involving exposure to extremes of cold temperatures or humidity. Based on that residual functional capacity, [she can] perform her past relevant work as a homemaker, general house worker and informal waitress.

AU Decision, p. 9 (T-19).

STANDARD OF REVIEW

The Secretary’s final decision denying benefits will be disturbed only if it is not supported by substantial evidence or is based on legal error. Martinez v. Heckler, 807 F.2d 771, 772 (9th Cir.1986). The court reviews the record as a whole, weighing both the evidence that supports and detracts from the Secretary’s conclusion. Id. at 772. Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Nyman v. Heckler, 779 F.2d 528, 530 (9th Cir.1985).

ANALYSIS

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796 F. Supp. 1368, 1992 U.S. Dist. LEXIS 9822, 1992 WL 153003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orr-v-sullivan-ord-1992.