Roberts v. Heckler

564 F. Supp. 572, 1983 U.S. Dist. LEXIS 17507
CourtDistrict Court, D. South Dakota
DecidedApril 22, 1983
DocketCiv. No. 82-1046
StatusPublished
Cited by1 cases

This text of 564 F. Supp. 572 (Roberts v. Heckler) is published on Counsel Stack Legal Research, covering District Court, D. South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Heckler, 564 F. Supp. 572, 1983 U.S. Dist. LEXIS 17507 (D.S.D. 1983).

Opinion

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Royce Roberts had recently sold his grain elevator business in August, 1977, when he injured his neck. He was determined to be disabled as of September 30, 1977, and received social security disability benefits. Following two neck operations, Roberts was determined to be no longer disabled as of October, 1980, and his benefits were terminated. At his request, Roberts received a hearing before an Administrative Law Judge (ALJ). The ALJ found that Roberts was not severely impaired. The Appeals Council of the Social Security Administration approved the decision of the ALJ on June 9, 1982, marking the final decision of the Secretary. Roberts brought suit in this Court under 42 U.S.C. § 405(g). For the reasons stated below, Roberts’ case will be remanded to the Secretary for further proceedings.

A district court reviewing the decision of the Secretary regarding the denial of social security benefits is limited to determining whether the Secretary’s decision is supported by substantial evidence. 42 U.S.C. § 405(g). The “substantial evidence” standard is the proper standard to apply whether the district court is reviewing a denial of an initial application for benefits or, as here, it is reviewing a decision to terminate benefits. Torres v. Schweiker, 682 F.2d 109, 111 (3d Cir.1982); Crosby v. Schweiker, 650 F.2d 777, 778 (5th Cir.1981). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. ... As Justice Frankfurter made clear ‘the substantiality of evidence must take into account whatever [in] the record fairly detracts from its weight.’ ” McMillian v. Schweiker, 697 F.2d 215, 220 (8th Cir.1983) (quoting Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 464, 95 L.Ed. 456 (1951)). See also Simon-[573]*573son v. Schweiker, 699 F.2d 426, 429 (8th Cir.1983).

The ALJ convened a hearing in Roberts’ case on November 4, 1981. Roberts was represented by counsel at the hearing. The ALJ took testimony only from Roberts, and the ALJ based his decision on that testimony alone plus medical documents. The facts indicate that at the time of the hearing, Roberts was a 56-year-old male who stood five foot ten and one-half inches and weighed 260 pounds. His education included one year of college. Until his injury, Roberts operated a grain elevator, work that included bookkeeping and personnel supervision. The work primarily was physical labor, however, often entailing lifting objects of at least twenty-five pounds and as heavy as 120 pounds. Roberts injured his spine in 1977 at work while attempting to move a heavy auger.

Surgery had improved Roberts’ condition, but he still suffered from pain, degenerative disc disease, diabetes and hypertension. The testimony established that in the months preceding the hearing, Roberts had assisted his son on a bulk paper delivery route as often as four times a week. Roberts did not think that he could maintain that pace, and his doctor advised him to avoid the route. The route entailed driving 162 miles in an afternoon’s time. Roberts testified that he could, with care, lift up to twenty-five pounds, but his doctor recommended lifting no more than five. Roberts could sit for a period of three hours if he could move frequently. He could walk up to four blocks. Supporting documents indicated that his treating physician considered him totally disabled, while the surgeon who operated on him most recently agreed only that Roberts had a partial but permanent disability.

The Secretary’s decision is that Roberts is not seriously disabled. This Court must affirm that decision if it is supported by substantial evidence. The initial allocation of the burden of proof for determining a disability under 42 U.S.C. § 423(d)(1)(A) is clear:

[T]he claimant must show (1) that he has a medically determinable mental or physical impairment which will either last for at least twelve months or result in death; (2) that he is unable to engage in any substantial gainful activity, and (3) that this inability is a result of his impairment.

McMillian v. Schweiker, supra, 697 F.2d at 220. The Eighth Circuit has, however, held that once a claimant has established that he or she is unable to return to past work, the burden of proof shifts to the Secretary to prove that the claimant can perform other work in the economy. E.g. Simonson v. Schweiker, supra, 699 F.2d at 428; McMilli-an v. Schweiker, supra, 697 F.2d at 221-21; Nicks v. Schweiker, 696 F.2d 633, 636 (8th Cir.1983); Jackson v. Schweiker, 696 F.2d 630, 631 n. 1 (8th Cir.1983).

The Secretary argues that he had no burden to place evidence in the record regarding work in the economy, because the ALJ determined that Roberts was not severely disabled on the basis of the medical evidence alone. The Secretary rests his argument on the sequential process for determining disabilities promulgated by the Secretary in 20 CFR § 404.1520. The five step process is as follows:

First, a determination is made whether a disability claimant is currently engaged in substantial gainful activity; if so, he must be found not disabled. If the claimant is not engaged in substantial gainful activity, the next question is whether he is suffering from a severe impairment, defined as one that significantly limits the ability to perform basic work-related functions. If a severe impairment is not found, the claimant must be found not disabled. If there is a severe impairment, and it is one that is listed in Appendix 1 to Subpart P, the claimant is found disabled on the medical evidence alone. If the impairment is not listed in Appendix 1, the next inquiry is whether the claimant can perform relevant past work. If he can, a finding of no disability is required. Finally, if the claimant cannot perform relevant past work, the question then becomes whether he can neverthe[574]*574less do jobs that exist in the national economy, despite his having a severe impairment that prevents return to his previous work.

McCoy v. Schweiker, 683 F.2d 1138,1141-42 (8th Cir.1982) (en banc).

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Related

Hundrieser v. Heckler
582 F. Supp. 1231 (N.D. Illinois, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
564 F. Supp. 572, 1983 U.S. Dist. LEXIS 17507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-heckler-sdd-1983.