Robinson v. Heckler

593 F. Supp. 96, 1984 U.S. Dist. LEXIS 15620
CourtDistrict Court, D. Maine
DecidedJune 22, 1984
DocketCiv. No. 83-0265 P
StatusPublished

This text of 593 F. Supp. 96 (Robinson v. Heckler) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Heckler, 593 F. Supp. 96, 1984 U.S. Dist. LEXIS 15620 (D. Me. 1984).

Opinion

ORDER DISMISSING ACTION

GENE CARTER, District Judge.

This is an action brought under Sections 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), for review of the “final decision” of the Secretary of Health and Human Services affirming the decisions of the Social Security Administration Administrative Law Judge (AU) and the Appeals Council that Plaintiffs disability insurance benefits be terminated because she was no longer “disabled” within the [98]*98meaning of Sections 216(i) and 223(d)(1) of the Act, 42 U.S.C. §§ 416(i), 423(d)(1). It is admitted that Plaintiff has exhausted her administrative remedies. In accordance with the statute, the Secretary has filed as part of the answer a certified copy of the transcript of the record, including the evidence upon which the findings and decisions are based. Both parties have moved for summary judgment; and Plaintiff has also moved for a remand. Neither party has requested oral argument. See Local Rule 12(b).

The Court has reviewed and considered the entire record, including the transcript of the administrative proceedings and the briefs submitted by counsel. In reviewing the Secretary’s decision, this Court must determine whether the AU’s findings are supported by substantial evidence. 42 U.S.C. § 405(g); Lizotte v. Secretary of Health and Human Services, 654 F.2d 127, 128 (1st Cir.1981); Velez v. Secretary of Health, Education and Welfare, 608 F.2d 21, 23 (1st Cir.1979). Judicial review is limited, and this Court must affirm the Secretary’s decision if the agency’s findings are supported by such relevant evidence as a reasonable mind might accept as adequate to support the conclusions drawn. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). To afford meaningful review, the Secretary must provide full and detailed findings in support of the agency’s conclusion. Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).

In a proceeding for termination of benefits previously awarded as a result of the Secretary’s prior finding of disability, the claimant is entitled to a rebuttable presumption that she continues to be disabled. Dotson v. Schweiker, 719 F.2d 80 (4th Cir. 1983); Patti v. Schweiker, 669 F.2d 582, 586 (9th Cir.1982). While claimant bears a continuing burden of showing a physical or mental impairment in order to remain eligible for benefits, Mathews v. Eldridge, 424 U.S. 319, 326, 96 S.Ct. 893, 898, 47 L.Ed.2d 18 (1976), once the Secretary has made an initial determination that claimant is disabled, the Secretary must come forward with evidence to meet or rebut the presumption that disability continues before benefits can be terminated. Dotson v. Schweiker, 719 F.2d, at 82. In this Circuit, evidence which would permit the Secretary to terminate benefits may consist of either current evidence of improvement to the point where claimant is able to perform substantial gainful activity or evidence that claimant’s condition is not as serious as first supposed. Miranda v. Secretary of HEW, 514 F.2d 996, 998 (1st Cir.1975).

Here, the Court finds the Secretary has come forward with sufficient current evidence to rebut the presumption of continued disability. Substantial evidence in the record supports the findings of the AU that a period of disability beginning February 22, 1978, had ceased as of July 1982. The Court further concludes that the findings made by the agency in this case adequately support the determination of the AU that Plaintiff is no longer disabled within the meaning of the Social Security Act.

Plaintiff is a fifty-seven year old former high school English teacher who predicates her claim to disability benefits upon coronary heart disease, vascular hypertension, high blood pressure, and diabetes mellitus. Additionally, she complains of chest pain and constant fatigue. The AU found, however, that her medical impairments were adequately controlled by medication and that her nonexertional limitations do not prevent her from engaging in substantial gainful activity. Contrary to Plaintiff’s assertions, this Court finds that the AU properly evaluated Plaintiff’s impairments in accordance with the applicable statutes and regulations. See Bormey v. Schweiker, 695 F.2d 164, 168 (5th Cir.1983).

In evaluating Plaintiff’s claim for a period of disability and disability insurance benefits, the AU adhered to the sequential step analysis outlined in 20 C.F.R. § 404.-1520 (1983). See Goodermote v. Secretary of Health and Human Services, 690 F.2d 5 (1st Cir.1982). Based upon medical evidence that Plaintiff suffers from aortic val[99]*99vular disease, paroxymal atrial tachycardia, hypertension, and diabetes mellitis, the AU concluded that this combination of disorders would qualify as a “severe impairment” significantly limiting Plaintiffs ability to perform basic work activities. See 20 C.F.R. § 416.921 (1983).

Next, considering the fact that Plaintiffs coronary condition and hypertension were controlled by medication and her diabetes could be effectively treated with insulin, the AU determined that none of these impairments, either singly or in combination, either met the criteria of, or was medically equivalent in severity to, an impairment described in the Listing of Impairments set out in 20 C.F.R. Part 404, Sub-part P, Appendix 1. Applying the Secretary’s Medical-Vocational Guidelines (the “Grid”), 20 C.F.R. Part 404, Subpart P, Appendix 2, Table 2, Rule 201.07, as well as the testimony of a vocational expert, the AU ruled that in light of Plaintiff’s age education and work experience, she retained the residual functional capacity to perform sedentary work. Record at 11.

The record discloses substantial evidence to support the AU’s evaluation of both Plaintiff’s exertional and nonexertional impairments. Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
593 F. Supp. 96, 1984 U.S. Dist. LEXIS 15620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-heckler-med-1984.