Pegg v. Sullivan

788 F. Supp. 863, 1991 U.S. Dist. LEXIS 19973, 1991 WL 329610
CourtDistrict Court, W.D. Pennsylvania
DecidedJune 26, 1991
DocketCiv. A. No. 89-197J
StatusPublished

This text of 788 F. Supp. 863 (Pegg v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pegg v. Sullivan, 788 F. Supp. 863, 1991 U.S. Dist. LEXIS 19973, 1991 WL 329610 (W.D. Pa. 1991).

Opinion

[865]*865MEMORANDUM OPINION

LEE, District Judge.

Plaintiff brings this action pursuant to Section 205(g) of the Social Security Act (Act), as amended, 42 U.S.C. Section 405(g), for review of the decision of the Secretary of Health and Human Services (Secretary) denying her claims for disability insurance benefits.

Plaintiff filed an application for disability benefits on February 2, 1987 alleging disability since January 19, 1986, as a result of a neck injury. She was awarded a closed period of disability insurance benefits which commenced on January 19, 1986, and ended on November 13, 1987. The plaintiff did not appeal the decision of Administrative Law Judge (AU) which ended her period of disability.

On March 18, 1988, plaintiff filed an application for disability insurance benefits alleging disability commencing on February 1, 1988 as a result of cervical spine pain arising from a musculoskeletal impairment. The application was denied initially and on reconsideration. Plaintiff filed a request for a hearing, and a hearing was held before an AU on December 1, 1988.

After considering the case de novo, the AU denied the plaintiff disability benefits, finding that, although the plaintiff has a severe impairment which precludes her from performing her past relevant work as a licensed practical nurse, she retains the residual functional capacity to perform the full range of sedentary work and, therefore, was not disabled. The Appeals Council of the Social Security Administration denied plaintiffs request for review, making the AU’s decision the final decision of the Secretary.

The parties have filed cross-motions for summary judgment pursuant to Fed. R.Civ.P. 56.

Plaintiff was born August 24, 1951. She is a high school graduate, with past relevant work history as a Licensed Practical Nurse (LPN). Plaintiff has not worked since January of 1986, when she underwent a three level anterior cervical discectomy and fusion at C4-5, C5-6 and C6-7. On August 17, 1987, she had a refusion of C4-5.

At the hearing, plaintiff testified that she suffered from headaches, burning pain in her neck and arms, lower back pain, and a pain in her right buttock and leg. Plaintiff, further, testified that the pain limited her walking to approximately two blocks, standing to a period of about one hour and sitting to a period of about two hours.

Plaintiff was treated for her neck and back problems by Dr. Gerald W. Pifer, an orthopedic surgeon. Dr. Pifer performed the cervical surgery in January of 1986, and the refusion of the C4-5 in August of 1987. Dr. Pifer’s report of December 8, 1988, which was made part of the record below, indicates that plaintiff has present and future limitations with regard to lifting, sitting for long periods of time, long-distant walking, standing and repetitive use of her upper extremities. Plaintiff is especially limited in working overhead, including looking upward with the head and neck in extension.

The AU found the plaintiffs contentions with respect to total disability not credible and unsupported by objective and clinical findings. Though the plaintiff was found to be unable to perform her past relevant work as a practical nurse, she was found to have no nonexertional limitations, and the residual functional capacity to perform the full range of sedentary work. Considering plaintiffs residual functional capacity, age, education and work experience, it was determined that she was not disabled.

The Act limits judicial review of disability claims to the Secretary’s final decision. 42 U.S.C. § 405(g) and § 1383(c)(3). If the Secretary’s finding is supported by substantial evidence, it is conclusive and must be affirmed by the Court. 42 U.S.C. § 405(g); Wallace v. Secretary of Health and Human Services, 722 F.2d 1150, 1152 (3d Cir.1983). Substantial evidence is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). It consists of more than a scintilla of evidence but less [866]*866than a preponderance. Stunkard v. Secretary of Health and Human Services, 841 F.2d 57, 59 (3d Cir.1988).

To qualify for disability benefits under the Act, a claimant must demonstrate that there is some “medically determinable basis for an impairment that prevents him from engaging in any substantial gainful activity’ for a statutory twelve-month period.” Kangas v. Bowen, 823 F.2d 775, 777 (3d Cir.1987); 42 U.S.C. § 423(d)(1) (1982). This may be done in one of two ways: first, by introducing medical evidence that she is disabled per se because she suffers from one or more of a number of serious impairments delineated in 20 C.F.R. Regulations No. 4, Subpt. P, Appendix 1, see Heckler v. Campbell, 461 U.S. 458, 103 S.Ct. 1952, 76 L.Ed.2d 66 (1983); Stunkard, 841 F.2d at 59; Kangas, 823 F.2d at 777; or, second, if a claimant suffers from a less severe impairment, by demonstrating that she is nevertheless unable to engage in “any other kind of substantial gainful work which exists in the national economy ...” Campbell, 461 U.S. at 461, 103 S.Ct. at 1954 (citing 42 U.S.C. § 423(d)(2)(A)).

Though the Secretary adopted the AU’s finding that plaintiff suffered from no impairment or combination of impairments listed in or medically equal to one listed in 20 C.F.R. Regulations No. 4, Subpt. P, Appendix 1, the plaintiff did not claim she was disabled per se. The testimony of the plaintiff and the opinion of her physician indicate she suffers from pain and limitations which preclude her from work related activity. This is consistent with the second method of proving disability.

In order to prove disability under this second method, the claimant must first demonstrate the existence of a medically determinable disability which precludes her from returning to her former job. Stunkard, 841 F.2d at 59; Kangas, 823 F.2d at 777. Once it is shown that she is unable to resume her previous employment, the burden shifts to the Secretary to prove , that, given the claimant’s age, education and work experience, she is able to perform substantial gainful activity in the national economy. Stunkard v. Secretary of Health and Human Services, 841 F.2d at 59; Kangas v. Bowen, 823 F.2d at 777; Doak v. Heckler,

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Heckler v. Campbell
461 U.S. 458 (Supreme Court, 1983)
Mary Ann Kelly v. Railroad Retirement Board
625 F.2d 486 (Third Circuit, 1980)
Welch v. Heckler
808 F.2d 264 (Third Circuit, 1986)

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788 F. Supp. 863, 1991 U.S. Dist. LEXIS 19973, 1991 WL 329610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pegg-v-sullivan-pawd-1991.