Sheila Pyles v. Otis R. Bowen, Secretary, Department of Health and Human Services

849 F.2d 846, 1988 U.S. App. LEXIS 6558, 1988 WL 62534
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 20, 1988
Docket87-3177
StatusPublished
Cited by226 cases

This text of 849 F.2d 846 (Sheila Pyles v. Otis R. Bowen, Secretary, Department of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheila Pyles v. Otis R. Bowen, Secretary, Department of Health and Human Services, 849 F.2d 846, 1988 U.S. App. LEXIS 6558, 1988 WL 62534 (4th Cir. 1988).

Opinion

PER CURIAM:

The Secretary of Health and Human Services denied the application of Sheila Pyles for Supplemental Security Income (SSI) benefits. The district court upheld that decision. Because the Secretary’s decision is not supported by substantial evidence, we reverse.

I.

Sheila Pyles is a 54-year old woman with an eleventh-grade education. Since 1972, she has worked as a seamstress, a sealer, and manager of a church thrift shop. Her most recent job, as a sorter and part-time cashier at an Amvets thrift shop, ended in November, 1980, when she injured her back lifting boxes at work. She has not worked since then. She has been treated by several doctors, who have diagnosed numerous conditions including back pain, right carpal tunnel syndrome, various arthritic conditions, chronic back strain, numbness in her hands, and a limited range of motion.

In 1982, Pyles applied for SSI benefits, claiming to be disabled within the meaning of Title XVI of the Social Security Act. Her application was denied administratively. When the Secretary’s decision became final in 1985, she sought review in federal court. The district court remanded the case to the Secretary for further consideration of Pyles’s functional and vocational limitations arising from pain, and for testimony from a vocational expert as to whether she had acquired transferable skills in her employment that would enable her to perform work similar to her prior employment.

A hearing was then held before an Administrative Law Judge, and a vocational expert testified. He stated that a claimant with Pyles’s impairments and work experience could perform sedentary work, including laundry sorter and small gift shop manager. He testified that both of those jobs existed in the regional economy.

The AU found that Pyles was unable to perform her past relevant work as a sorter, thrift shop manager, standing cashier, or sewing machine operator. In addition, he found that her capacity to perform sedentary work was reduced by numbness in her right arm. He nevertheless recommended denial of benefits, concluding that Pyles was capable of performing sedentary work and that there existed in the regional economy a significant number of jobs she could perform, including sedentary cashier and small gift shop manager. The Appeals Council adopted the AU’s decision, but substituted laundry sorter for sedentary cashier in the finding of jobs in the economy which Pyles could perform. The determination of the Appeals Council became the final decision of the Secretary.

The district court upheld the Secretary’s decision, holding that Pyles suffered from pain which was not totally disabling and that she was able to perform sedentary work. The court accepted the testimony of the vocational expert that jobs existed which Pyles could perform. Pyles now argues that the Secretary has failed to advance substantial evidence supporting his finding that she possessed skills transfer *848 able to jobs within her capacity to perform. We agree.

II.

The scope of our review is narrow. We must uphold the Secretary’s finding of non-disability, even if we disagree with it, if it is supported by substantial evidence. 42 U.S.C. § 405(g) (Supp. III 1985); Smith v. Schweiker, 795 F.2d 343, 345 (4th Cir.1986). “If there is evidence to justify a refusal to direct a verdict were the case before a jury, then there is ‘substantial evidence.’ ” Shively v. Heckler, 739 F.2d 987, 989 (4th Cir.1984) (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966)).

To qualify for SSI benefits, a claimant must show, inter alia, that he or she is “under a disability.” 42 U.S.C. § 423(a)(1)(D). “[A]n individual ... shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy ...” 42 U.S.C. § 423(d)(2)(A). The Secretary found that Pyles was unable to perform her prior work, but denied her benefits because he found her capable of performing other substantial gainful work. There was not substantial evidence to support that finding.

The Secretary has promulgated medical-vocational guidelines for use in determining disability where that determination cannot be made on the basis of medical evidence alone, and where the determination must take into account vocational factors and residual functional capacity. 20 C.F.R. § 404, Subpart P, App. 2. The AU used these guidelines as a “framework” in determining that Pyles was not disabled. He found that Pyles was “closely approaching advanced age,” 20 C.F.R. § 416.963, and had a “limited” education. 20 C.F.R. § 416.964. Under the guidelines, a claimant with these characteristics and capable of performing sedentary work will be found disabled if their previous work experience was “unskilled” or “skilled or semiskilled — skills not transferable.” 20 C.F.R. § 404, Subpart P, App. 2, Table No. 1, Rules 201.09, 201.10. The AU found Pyles’s work experience to be “skilled or semi-skilled — skills transferable,” however, which, under the guidelines, mandated a finding of “not disabled.” Id., Rule 201.11. Thus, the Secretary’s decision may stand if there is substantial evidence to support his finding that Pyles’s previous work experience had been skilled or semi-skilled and had invested her with transferable skills.

The vocational expert characterized Pyles’s position as thrift shop manager as skilled work. He testified that he did not base this conclusion on any specific duties Pyles performed, but based it on the description of the job provided in the Labor Department’s Dictionary of Occupational Titles (DOT). There is no evidence in the record, however, detailing specific skills acquired by Pyles in that position which are transferable to the position of gift shop manager. The mere characterization of her position as managerial cannot suffice to show that she had acquired skills transferable to the position of gift shop manager. The Secretary must show that specific skills actually acquired in the former are transferable to the latter. See Winn v. Schweiker, 711 F.2d 946

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849 F.2d 846, 1988 U.S. App. LEXIS 6558, 1988 WL 62534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheila-pyles-v-otis-r-bowen-secretary-department-of-health-and-human-ca4-1988.