Sam Narrol v. Margaret M. Heckler, Secretary, Department of Health and Human Services

727 F.2d 1303, 234 U.S. App. D.C. 204, 1984 U.S. App. LEXIS 25192
CourtCourt of Appeals for the D.C. Circuit
DecidedFebruary 24, 1984
Docket82-1827
StatusPublished
Cited by17 cases

This text of 727 F.2d 1303 (Sam Narrol v. Margaret M. Heckler, Secretary, Department of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sam Narrol v. Margaret M. Heckler, Secretary, Department of Health and Human Services, 727 F.2d 1303, 234 U.S. App. D.C. 204, 1984 U.S. App. LEXIS 25192 (D.C. Cir. 1984).

Opinion

Opinion PER CURIAM.

PER CURIAM:

This case involves an appeal from a judgment of the U.S. District Court for the District of Columbia dismissing appellant’s action for review of a final decision by the Secretary of the Department of Health and Human Services denying appellant’s claim for disability benefits under the Social Security Act. Because we find that appellant was denied a fair hearing at the administrative level, we vacate the judgment of the district court and remand for further proceedings.

Background

Appellant, Sam Narrol, age 62, co-owned and operated a small printing business in New York City for twenty-two years. Mr. Narrol now suffers from a horrible range of illnesses: Parkinson’s disease, a herniated disc (causing pelvic pain), sciatica (causing severe pain on his right side), and cataracts on both eyes (causing blurring of vision). Although the Parkinson’s disease is under control with the drug Sinemet, Narrol continues to exhibit many of the classic traits of the disease — a shuffling walk, impaired coordination, stumbling and falling. In addition, Narrol claims that the drugs he takes for Parkinson’s and sciatica cause severe blurring of vision upon any sustained period of close reading and may have con *1305 tributed to the development of his cataracts.

From the time his Parkinson’s disease was diagnosed in 1975, Narrol’s ability to perform his functions at work gradually deteriorated. By 1979, he was able to put in only a few hours a day. He was no longer able to drive, and commuting on the New York subway system had become a nightmare; his instability often caused him to fall. At work, his duties consisted primarily of billing, proofreading, and proof-press operation. His blurred vision rendered proofreading and billing most difficult. Moreover, sitting for a sustained period of more than fifteen to twenty minutes not only was painful but also frequently caused him to fall when he rose. He attempted to alternate periods of sitting and standing by adding to his duties the operation of a proof-press — a heavy piece of machinery requiring use of his legs — but was unable to perform this function for more than five minutes at a time due to severe pelvic pain. Finally, one day in late 1979, Narrol, heeding the urgings of his partners, simply stopped going into work.

Narrol’s subsequent application for Social Security disability benefits was denied. Narrol then requested and received a hearing before an administrative law judge (ALJ). Although he had been advised of his right to representation by counsel at his own expense, Narrol was not represented by an attorney but was assisted only by his friend and former business partner, Kenneth Webster. At the hearing, both Narrol and Webster testified as to the nature of Narrol’s disability and its effects on his ability to perform the functions of his job. The written evidence in favor of Narrol included medical reports filed by his neurologist, Dr. Melvin Yahr, his internist, Dr. Allan Aronson, and his ophthamologist, Dr. Gerald Pierce. Dr. Yahr’s reports, though tersely worded, described Narrol’s symptoms of Parkinson’s disease as well as his adverse reactions to his medications and concluded that it was “unknown” when Narrol would be able to return to work. App. 130, 134-36. Dr. Aronson, who regularly followed Narrol for high blood pressure, observed that Narrol’s

main disability which is a very obvious one, is from his Parkinson’s Disease— which is undoubtedly severe .... There is no question in my mind that his Parkinson’s Disease entitles him to a complete disability. He has difficulty in walking in my office, he shuffles and has all the classical signs of Parkinson’s Disease.

App. 121. Dr. Aronson concluded that Nar-rol was “not in any way capable of carrying on an occupation.” App. 113. The ophtham-ologist reported that Narrol’s visual acuity was correctable to 20/50 in the right eye and 20/30 in the left but that Narrol suffered from early cataracts in both eyes. App. 129, 131. ■ In addition to the medical reports, the written record before the ALJ contained a list of the medications Narrol was taking, App. 133, as well as the reports of the Social Security Contact Representatives who had interviewed Narrol, indicating their personal observations of his difficulty in sitting and walking. App. 88, 96, 101.

The only piece of evidence against Narrol was the written report of a consultative neurological examination performed on contract to the New York State Bureau of Disability Determinations (the Disability Bureau) by Dr. Gary Korenman. Dr. Ko-renman reported that Narrol’s “[gjait, pallor and coordination are normal” and that his “[ejxtraparamital disorder [is] under excellent control with Sinemet.” App. 116. Dr. Korenman also completed a “Residual Functional Capacity Evaluation,” in the form of a checklist preprinted by the Disability Bureau, in which he indicated that Narrol was capable of sitting for eight hours a day, standing and walking for six hours, lifting and carrying over fifty pounds, and frequently bending, squatting, crawling, and climbing. App. 118.

Placing nearly exclusive reliance upon Dr. Korenman’s evaluation, see App. 39-40, the ALJ found that

claimant’s residual functional capacity is consistent with sedentary and light physi *1306 cal activity. Since his former job involved sedentary and light physical activity, there is no impairment shown in this case which, either singly or in combination, has prevented or would prevent the claimant, for a continuous period of 12 months, from returning to his former work doing billing, telephone work and proofreading where he had the option to sit or stand at will. Accordingly, the claimant is found “not disabled” as defined in the Social Security Act.

App. 41. The findings of the ALJ were affirmed by the Appeals Council of the Social Security Administration. Narrol’s subsequent complaint seeking review of the Administration’s determination was dismissed by the district court following cross-motions for summary judgment.

Discussion

The federal regulations prescribing the conduct of disability hearings that were in force at the time Narrol’s hearing was held required that the “presiding officer ... inquire fully into the matters at issue and ... receive in evidence the testimony of witnesses and any documents which are relevant and material to such matters.” 20 C.F.R. § 404.927 (1980). Thus, the ALJ had an affirmative duty “to investigate fully all matters in issue, and to develop the comprehensive record required for a fair determination .... This duty to probe and explore scrupulously all the relevant facts is particularly strict when the claimant, as here, is not represented by an attorney.” Diabo v. Secretary of Health, Education and Welfare, 627 F.2d 278, 281-82 (D.C.Cir.1980); see Cutler v. Weinberger, 516 F.2d 1282, 1286 (2d Cir.1975); Gold v. Secretary of Health, Education and Welfare,

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Bluebook (online)
727 F.2d 1303, 234 U.S. App. D.C. 204, 1984 U.S. App. LEXIS 25192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sam-narrol-v-margaret-m-heckler-secretary-department-of-health-and-cadc-1984.