Patricia Wages v. Secretary of Health and Human Services

755 F.2d 495, 1985 U.S. App. LEXIS 29498, 8 Soc. Serv. Rev. 356
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 21, 1985
Docket84-5473
StatusPublished
Cited by92 cases

This text of 755 F.2d 495 (Patricia Wages v. Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patricia Wages v. Secretary of Health and Human Services, 755 F.2d 495, 1985 U.S. App. LEXIS 29498, 8 Soc. Serv. Rev. 356 (6th Cir. 1985).

Opinion

KER CURIAM.

This case presents the issue of whether a claimant of social security disability benefits who cannot sit or stand for prolonged periods of time, but must alternate between sitting and standing as required for comfort, is capable of performing “sedentary” work as defined by 20 C.F.R. § 404.-1567(a) (1984). Answering this question in *496 the negative, we reverse and remand this case for an award of benefits.

Claimant, Patricia Wages filed an application for supplemental security income disability benefits on July 3, 1978. After her application was denied, Wages requested a hearing. The AU found that Wages was not disabled, and the Appeals Council’s decision became the final decision of the Secretary. Wages then filed a timely complaint for review with the district court, The district court, on May 7, 1984, entered judgment granting the Secretary’s motion for summary judgment. On May 29, 1984, Wages filed this appeal.

Patricia Wages was 37 years of age at the time of her administrative hearing on June 6, 1979. Wages has an eighth grade education, and has had no vocational training. Wages has very little work experience. Her last job was as a babysitter in lyjl'

, .... , ,, , , . ... Wages testified that her mam medical problem is with her spine. She testified that it is stiff, and that she cannot stoop, bend, or lift anything without great difficulty. She testified that her back hurts when she sits for long periods, especially her lower back. She also suffers upper back pain if she tries to do anything while sitting or leaning forward. Wages testified that her eyesight is poor. She stated that she has difficulty judging distances, and that this affects her ability to drive and to do simple tasks such as pouring liquids into a cup

Wages also testified that she has breathing problems. The record reflects that she occasionally gasped for breath at the hearing, and that she testified that she could not walk up one flight of stairs without being out of breath. She also stated that when she attempts to walk to town, a distance of one-quarter of a mile, she gets out of breath occasionally. To walk this distance she must go slow, and sit to rest on the way. Wages testified that her ribs bother her due to curvature of her spine, and that she has difficulty moving her head back and forth. In addition, she testified that her nerves bother her, that she gets easily upset, and that strangers bother her. Wages testified that she takes valium, dilantin, estrominithin, and other miscellaneous medications. Wages daily activities are vejT limited- Her children do most of Hie house cleaning. She stated that about ad s^e can Ho is some cooking and dish cleaning.

The most relevant evidence concerning Wages’ musculoskeletal impairments is from Drs. Charles Riggsby and R. Thomas Fossett. Dr. Riggsby conducted an “all systems disability examination” on August 28, 1978 for the Kentucky Division of Disability Determinations. He noted the claimant had difficulty bending and turning ^er head from side to side, and estimated the limitations of motion in her back and neck a^ 30 to 40 percent. Dr. Riggsby’s impression was kyphoscoliosis (lateral curvature of the spine and anteroposterior hump), moderately severe, and pectus excavatum (depressed sternum), moderately se-

Dr- Fossett, who specializes in orthopedic surgery, conducted an orthopedic evaluaHon on November 10, 1978. His medical impression was Klippel-Feil Syndrome a congenital anomaly characterized by a short and wide neck, low hairline, reduction 'n Hie number of cervical vertibrae, and fusion of the cervical spine. Dr. Fossett a^so diagnosed idiopathic thoracic scoliosis, He noted Wages has some limitations due to ^er congenital abnormalities, and that Wages needed to limit heavy lifting, stooping’ and P^ged sitting or standing,

Hr. Robert J. Salisbury treated Wages between 1971 and 1976. In a letter dated April 27, 1979, he stated Wages condition made it extremely difficult for her to do any type of lifting because her back was n°t stable enough to allow her to elevate over 15 pounds. He also stated that she should not do manual labor because of her physical condition.

. The only evidence concerning Wages’ eyesight is from Dr. Brian E. Wentz, an optometrist. He examined her for the Bureau of Rehabilitation on January 9, 1979, and noted a lack of binocularity. Dr. *497 Wentz stated, “This results in a much poorer depth perception ... and may result in a lower performance when it comes to judging distances when driving.”

The record reflects a history of psychological problems. As early as 1961, Wages was in Eastern State Hospital in Lexington, Kentucky. Dr. Ranjit Sinha, a psychiatrist, saw Wages in 1975 and 1976. He stated that there was a possibility of schizophrenia, and described Wages as, “basically a neurotic individual with phobic anxious and psychosomatic components. She certainly appears to have a schizoid personality ...”

Consultative psychiatric and psychological examinations were conducted on Wages on July 8, 1979. Dr. Donald I. George, a psychiatrist, diagnosed claimant to have, “psychoneurosis, anxiety reaction with some depressiveness and neurasthenic features.” He further stated, “The combination of her physical and emotional problems does add up to a significant handicap.” He suggested that with vocational training it may be possible for her to be rehabilitated to the point where she could perform productive work.

Dr. Harold W. Meek, a clinical psychologist, completed a residual functional capacity form regarding Wages’ psychiatric impairment. He found it to be moderately severe as it affects her ability to relate to other people, and moderate regarding restriction of daily activities and constriction of interests.

The AU found that Wages’ non-exertional impairments do not significantly affect the level of work that she can do. This amounts to a finding that these impairments are not severe. 20 C.F.R. § 404.-1521. He concluded that her exertional impairments are severe. The AU concluded that, despite the severity of her exer-tional impairments and her need to alternate between standing and sitting, Wages has the residual functional capacity for substantial gainful employment of a sedentary nature.

The district court adopted the magistrate’s Report and Recommendation. The magistrate had found that the Secretary properly relied on the medical vocational guidelines despite the fact that Wages has some non-exertional limitations. The magistrate noted that these non-exertional limitations were not found to be severe.

Review of the Secretary’s decision to deny disability benefits is limited to determining whether there is substantial evidence to support the Secretary’s decision. “The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive____” 42 U.S.C. § 405(g) (1976). Substantial evidence is “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion’.” Richardson v. Perales,

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755 F.2d 495, 1985 U.S. App. LEXIS 29498, 8 Soc. Serv. Rev. 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patricia-wages-v-secretary-of-health-and-human-services-ca6-1985.