Seavey v. Heckler

594 F. Supp. 587, 1984 U.S. Dist. LEXIS 23187
CourtDistrict Court, D. Maine
DecidedSeptember 28, 1984
DocketCiv. No. 83-0326 P
StatusPublished
Cited by1 cases

This text of 594 F. Supp. 587 (Seavey 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
Seavey v. Heckler, 594 F. Supp. 587, 1984 U.S. Dist. LEXIS 23187 (D. Me. 1984).

Opinion

MEMORANDUM OF DECISION AND ORDER

GENE CARTER, District Judge.

This is an action brought under 42 U.S.C. § 405(g) for review of the final decision of the Secretary of Health & Human Services, which denied Plaintiff’s application for a period of disability and for disability insurance benefits under 42 U.S.C. §§ 416(i) and 423. An Administrative Law Judge (AU) decided that the Plaintiff was entitled to a period of disability and to disability insurance benefits'. The Appeals Council reversed the AU’s decision, finding that the Plaintiff did not have a severe impairment within the meaning of 20 C.F.R. § 404.-1521. Plaintiff has exhausted her administrative remedies. She filed a Motion for Summary Judgment and Defendant filed a Motion for an Order Affirming the Decision of the Secretary. The case is before the Court upon these motions.

The standard of this Court’s review'is whether the determination made by the [588]*588Secretary is supported by substantial evidence. 42 U.S.C. § 405(g); Lizotte v. Secretary of Health & Human Services, 654 F.2d 127, 128 (1st Cir.1981). The determination must be 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).

The Court has thoroughly reviewed the transcript of the administrative proceedings, the exhibits presented, the decisions of the AU and the Appeals Council, and the briefs of counsel. After careful consideration, the Court finds that there is not substantial evidence to support the Secretary’s decision that claimant was not disabled within the meaning of the Social Security Act.

Plaintiff filed an application for disability on January 26, 1982. The basis for her claim of disability is an injury she suffered to her left knee in 1977. Plaintiff continued to work until May of 1981, but claims that she had to stop because the pain became disabling. She had surgery on her knee in November of 1981, but complains that severe pain has continued.

The AU’s decision was based upon the medical reports of at least four different doctors and the testimony of the claimant at a hearing. The AU found claimant’s testimony regarding restrictions upon her activities caused by knee pain to be credible and “reasonably related to her knee impairments.” He found that Plaintiff’s knee impairments and chronic pain significantly limited her physical ability to do basic work activities.

The AU further found:

The medical evidence establishes that the claimant has severe post-traumatic scar tissue and fibrositis of the left leg and knee, status post excision of the pes bursa of the left knee, and chronic severe knee pain, but that she does not have an impairment or combination of impairments listed in, or medically equal to, one listed in Appendix 1, Subpart P, Regulations No. 4.

The AU concluded that claimant’s severe impairment prevented her from doing her past relevant work or any other work and, thus, found her to be disabled.

The Appeals Council reviewed the AU’s decision on its own motion. See 20 C.F.R. § 404.969. The Appeals Council reviewed the medical records and determined that the “severity of the claimant’s complaints and symptoms are not supported by the medical signs and findings.” The Council found that the claimant's complaints of disabling pain were not credible and determined that the claimant did not have any impairment which significantly limited her ability to perform basic work related functions. Because the Council found that the impairment was not “severe” within the meaning of 20 C.F.R. § 404.1521, it refused her application for disability benefits.

Although the Appeals Council did not expressly state its grounds for review, it is apparent that the Council found that the AU’s decision was not supported by substantial evidence. See 20 C.F.R. § 404.-970(a)(3). The Council is not in any way bound by the findings of the AU. The Council is free to independently weigh the evidence and arrive at its own findings and conclusions. Oldham v. Secretary of Health and Human Services, 718 F.2d 507, 510 (1st Cir.1983). This Court must determine whether the final decision of the Secretary — in this case, the decision of the Appeals Council — is supported by substantial evidence.

The critical question here is whether the claimant’s testimony as to the disabling effects of her pain is credible. Plaintiff testified that she has chronic severe pain in her left knee. She testified that she cannot stand for more than fifteen to twenty minutes at a time, nor sit for more than fifteen minutes at a time. She testified that she cannot do many household chores, including laundry, vacuuming, and preparing meals. She takes medication and receives occasional shots of cortisone to relieve the pain, but she finds that the shots of eorti[589]*589soné are painful in themselves, and only provide relief for about one week.

The Appeals Council found that these complaints were not credible. This finding was based upon the reports of several physicians who either treated or examined the Plaintiff. The finding of the Appeals Council is not supported by the record.

First, the record contains ample medical evidence to support Plaintiffs subjective complaints. Ross W. Green, M.D. and Peter J. Leadley, M.D., the Disability Determination Service’s reviewing physicians, agreed in April and May of 1982 that the claimant suffered a severe impairment at that time but anticipated that it would be non-severe twelve months after the date of the surgery.1

Prior to her surgery, in October 1981, Donald M. Booth, M.D., a board-certified orthopedic surgeon, found that Plaintiff suffered from “resistant, ongoing, pes anserine bursitis.” In recommending surgical excision, Dr. Booth noted that there was no assurance that the bursitis or medical pain would not continue and that the anterior and anterolateral pain would not be affected by the surgery.

Patrick A. Dowling, M.D., who performed the surgery in November 1981, found upon examination of the Plaintiff in April 1982 that her severe pain continued and that there was tenderness in the knee. Dr. Dowling injected her knee with xylocaine and cortisone to relieve the pain. In September of 1982, Dr.

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Related

Tibbetts v. Heckler
607 F. Supp. 585 (D. Maine, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
594 F. Supp. 587, 1984 U.S. Dist. LEXIS 23187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seavey-v-heckler-med-1984.