Paul E. Dumas v. Richard S. Schweiker, Secretary of Health and Human Services

712 F.2d 1545, 1983 U.S. App. LEXIS 26499
CourtCourt of Appeals for the Second Circuit
DecidedJune 22, 1983
Docket1053, Docket 82-6344
StatusPublished
Cited by760 cases

This text of 712 F.2d 1545 (Paul E. Dumas v. Richard S. Schweiker, Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul E. Dumas v. Richard S. Schweiker, Secretary of Health and Human Services, 712 F.2d 1545, 1983 U.S. App. LEXIS 26499 (2d Cir. 1983).

Opinion

MESKILL, Circuit Judge:

Paul E. Dumas appeals from an order of the United States District Court for the Northern District of New York, Munson, C.J., dismissing his complaint brought under section 205(g) of the Social Security Act (Act), 42 U.S.C. § 405(g) (Supp. IV 1980), and approving the determination of the Secretary of Health and Human Services (Secretary) that Dumas is not entitled to disability benefits. The questions presented are whether the Secretary correctly applied the appropriate legal standards governing disability determinations and whether substantial evidence supports the Secretary’s determination that Dumas is not disabled. We affirm.

BACKGROUND

Paul E. Dumas is 58 years old, married, childless, unemployed and in poor health. He has a ninth grade education and an employment record which includes military service, bartending, a job as a metal piler and, most recently, a highway superintendent position with the Town of Brasher Falls, New York. Dumas retired on April 15,1977, after fifteen years with the Town, due to an array of physical and psychological ailments which rendered him unable to continue as highway superintendent.

Dumas applied for disability insurance benefits on May 26, 1977, claiming that he was unable to work because of high blood pressure and nerves. The Social Security Administration denied his application finding that while he suffered from essential vascular hypertension and diabetes mellitus, his impairment was “slight” and would not “impact upon normal work activities.” Dumas petitioned for and was afforded a hearing before an Administrative Law Judge (ALJ) who affirmed the denial of his application. The AU’s decision became a final order of the Secretary when affirmed by the Appeals Council on April 6, 1978. Thereafter, Dumas sought review of the Secretary’s decision in the district court pursuant to 42 U.S.C. § 405(g) (Supp. IV 1980). Because the taped record of the first hearing had been lost, the district court remanded the case to the Secretary for a de novo hearing.

Dumas was the only witness to testify at the second hearing before the ALJ on October 5, 1979. He recited his employment history, education and family status and explained that he quit working because he “wasn’t feeling very good” on account of a burning sensation in his feet, high blood pressure, hypertension and nerves. He complained of poor circulation which causes him problems with his hands: “They get cold and they get picky and they get numb. And the same way with my feet and legs. And I have these terrific pains in the back of my head and neck. And I have a very nervous condition.” He also complained of *1548 severe recurring headaches. He told the ALJ that he had last suffered a severe headache just four or five days before the hearing and that one week earlier he had suffered for three days from a headache so bad that “I couldn’t even sit down, lay down, or walk. They come very quick and they leave very quick.” When asked what he would do to relieve the pain, he responded: “Oh, I can’t do nothing. Again, it’s my nerves. Sometimes they’re so severe, so severe that I can’t even lay down or set down, or even stand up or walk. I just got to suffer with it till it goes.”

Dumas has been relatively inactive since he retired in 1977. While his wife is at work during the day, he putters around the house and lawn and takes short walks, sometimes to a coffee shop not far from his home where he would “stop in and shoot the fat there with the boys.” He can drive, but no farther than five to ten miles from home and not at night. He can walk, but for no more than 1500 to 1800 feet before his feet start to ache. He can stand, but only for ten to fifteen minutes before his legs start to ache. If he stoops to tie his shoes he becomes “awful dizzy.” He can sit, but not for long or else his legs will “burn from [the] knees down” and his “feet will swell up.” Dumas testified that he was unable to perform any gainful employment.

The ALJ considered a substantial amount of medical evidence in conjunction with Dumas’ testimony. His Recommended Decision dated October 29, 1979, aptly summarized the medical record:

The medical evidence in this case begins with records of a hospitalization at Potsdam Hospital in April 1976 for severe headaches at which time his blood pressure was measured at 240/140 and moderate AV nicking was noted in the fundus. Medication for high blood pressure was prescribed. (Exhibit 15.) Records of Veterans Administration clinic visits between February and June 1977 show detection of beginning neuropathy and retinopathy. However, the retinopathy was found to be mild at most. A renal scan showed no kidney abnormalities. Blood pressure was measured at 150/90, 120/100 and 170/120 at various times during this period. Because Mr. Dumas was obese (66 inches tall, 220 pounds) diet therapy was emphasized. (Exhibit 16.) In October 1977 Richard L. Hehir, M.D., an internist who treated the claimant at the Veterans Administration clinic, diagnosed high blood pressure, hypercholesterolemia, diabetes, peripheral arteriosclerotic heart disease and severe hand pain on exposure to cold as a result of this heart disease due to the nature of Mr. Dumas’s job....
Leon C. Benardot, M.D., a family practitioner who has treated Mr. Dumas since 1964, wrote in 1977 that the claimant had diabetes, hypertension, peripheral arteriosclerosis and obesity. He said that although he had treated Mr. Dumas for acute and chronic alcoholism in the past he is no longer drinking. Dr. Benardot also stated that the claimant is unable to continue his duties as highway superintendent. (Exhibit 19.) Dr. Hehir updated his report in June 1979 stating that “I must say that his condition has remained essentially unchanged, mild to moderate hypertension and diabetes both fairly well controlled.” (Exhibit B-17.) George J. Fast, M.D., a psychiatrist, examined Mr. Dumas in September 1979 making a diagnosis of agitated depression which he said would prevent him from returning to his previous work where the claimant said he experienced much tension and pressure.

Administrative Tr. at 9-10. 1

Upon the testimony and medical evidence the AU found that Dumas suffered from “hypertension and diabetes, mild to moderate, under fair control; occasional head *1549 aches and some circulatory problems.” Nevertheless, he concluded that Dumas retained “a residual functional capacity to perform work related functions except work involving prolonged standing or walking, and prolonged exposure to cold weather.” He found that while Dumas was unable to return to his former position with the Town of Brasher Falls, his impairments were not so severe that he was incapable of at least light work. In addition, Dumas had acquired skills from his past employment that the ALJ found could be transferred to other semi-skilled jobs.

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Bluebook (online)
712 F.2d 1545, 1983 U.S. App. LEXIS 26499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-e-dumas-v-richard-s-schweiker-secretary-of-health-and-human-ca2-1983.