Silas R. Garland v. Donna E. Shalala, Secretary of Health and Human Services

78 F.3d 584, 1996 U.S. App. LEXIS 10280, 1996 WL 99809
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 5, 1996
Docket94-6647
StatusUnpublished
Cited by3 cases

This text of 78 F.3d 584 (Silas R. Garland v. Donna E. Shalala, Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Silas R. Garland v. Donna E. Shalala, Secretary of Health and Human Services, 78 F.3d 584, 1996 U.S. App. LEXIS 10280, 1996 WL 99809 (6th Cir. 1996).

Opinion

78 F.3d 584

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Silas R. GARLAND, Plaintiff-Appellant,
v.
Donna E. SHALALA, Secretary of Health and Human Services
Defendant-Appellee.

No. 94-6647.

United States Court of Appeals, Sixth Circuit.

March 5, 1996.

Before: MARTIN and RYAN, Circuit Judges; and KATZ, District Judge.*

RYAN, Circuit Judge.

Plaintiff, Silas Garland, applied for Social Security Disability Benefits on March 11, 1983, claiming disability onset as of November 1, 1981, due to disabling pain caused by migratory polyarthritis. His application was denied initially and on reconsideration. Following an administrative hearing, the Administrative Law Judge ("ALJ") issued a decision finding that Garland had been disabled since March 1, 1983, but not prior thereto. The Appeals Council denied review, and the district court upheld the Secretary's decision.

In 1991, Garland was notified that he was a class member under Samuels v. Heckler, 668 F.Supp. 656 (W.D.Tenn.1986), and was entitled to have his claim readjudicated. Following a second administrative hearing, the ALJ denied Garland's application for disability insurance benefits, and the district court affirmed the Secretary's decision. Garland now appeals, claiming that the Secretary's denial of his application is not supported by substantial evidence. We find that the record does not contain substantial evidence to support the denial of Garland's claim and reverse with instructions that plaintiff be awarded disability insurance benefits.

I.

A.

To demonstrate why we think there is not substantial evidence to support the Secretary's denial of benefits, it is necessary that we set out, at length, the evidence details of Garland's extensive medical history. Garland was fifty-five years old when he filed his application for benefits. He has an eighth grade education and a limited ability to read. He cannot read a newspaper, and his wife generally reads to him any correspondence directed to his attention.

Garland has a well-documented work history. He worked in construction most of his life as a carpenter, pipefitter, and as a heavy equipment operator. In 1968, he joined the Tennessee Valley Authority as a truck driver, and was laid off in 1972. He later worked for the Lawrence County Highway Department running a tractor vater for almost two years. He had to quit his job with the highway department because his legs would "just give away" on him and he needed the use of both of them to maneuver the brakes in the truck. After quitting this job, he started "logging," an activity that he undertook off and on throughout his work history. He was a self-employed logger between 1972 and 1981, at which time he alleges he became disabled.

The medical history reveals that Garland's medical problems began to be officially documented in April 1974, when he was admitted to the hospital due to pain in his back. Hospital records show that Dr. V.H. Crowder, Jr. examined Garland and diagnosed osteoarthritis of the lumbar spine with degenerative disc disease. Dr. Crowder found that Garland had a "little" pain when he moved his legs, limitation in motion of his back, and muscle spasms in the lumbar region. It was his opinion that Garland was at this time "disabled." The radiologist, Dr. Lawrence R. Nickell, confirmed Dr. Crowder's diagnosis, finding an L-4, L-5 intervertebral disc disease with secondary osteoarthritis.

Garland's attending physician, Dr. Laurence B. Molloy, first examined him in June 1974. Two months later, in August 1974, he diagnosed the plaintiff with having sciatic root compression, probably due to a herniated intervertebral disc. Garland complained of continuing and consistent pain, so Dr. Molloy referred him to an orthopaedic surgeon. After considering the orthopedist's report, Dr. Molloy concluded that Garland would probably need an exploratory laminotomy for decompression purposes. Based on Garland's medical history, work history, and educational background, Dr. Molloy concluded, as Dr. Crowder had, that the plaintiff was "temporarily and totally disabled to earn a gainful living" in August 1974.

Dr. Eugene M. Regen, Jr., the orthopaedic surgeon, reported in 1974 that Garland's pain persisted in "the left lumbosacral region." His report confirmed the findings of the radiologist, stating that Garland had a "[l]ow back mechanical disorder, probably longstanding disc syndrome with local arthritic changes about it."

In October 1974, Dr. Molloy determined that Garland had developed early migratory polyarthritis. Plaintiff's pain was persistent and had not subsided despite the different medications he was taking. By December 1974, Dr. Molloy found Garland to have developed arthritis in both knee joints; and by March 1975, Garland had developed additional pain in both knee joints, in the right elbow joint and the right radiohumeral bursa, the left elbow joint, and the right shoulder. Dr. Molloy also found that Garland had a malunion of the right radius and ulna due to a poorly-healed fracture suffered in 1951; this condition prevented Garland from extending his arm beyond 160 degrees due to pain. X-rays confirmed these findings. Because of Garland's inability either to sit or to stand for long periods of time and because of the pain, Dr. Molloy concluded once again that Garland was "disabled."

Garland was seen again by Dr. Molloy in 1976 when he went to the hospital because of pain from his migrating polyarthritis, and also due to an urinary tract infection. Garland did not see Dr. Molloy again until May 1981, at which time the doctor found him to be experiencing left chest pain radicular in character, involving the left knee. The last time Dr. Molloy, who is now deceased, saw Garland was in February 1983 when plaintiff was admitted to the hospital to determine whether his arthritis had evolved into rheumatoid arthritis. Garland came to the hospital complaining of intense pain in the right elbow, right knee, ankle, shoulder, and back. During this hospital stay, Dr. Molloy found that Garland's arthritis had migrated into his back and left shoulder. The radiologist confirmed moderate degenerative arthritic changes and degenerative disc disease changes in the L-4 and L-5 level. In November 1983, Dr. Molloy again stated that Garland was totally disabled, just as he had been in March 1975, eight years earlier.

Dr. Calvin L. Calhoun, hired by the Secretary to examine Garland, largely confirmed the findings Dr. Molloy had made nine years earlier. His report indicates that Garland had polyarthropathy, possibly rheumatoid, chronic lumbosacral myositis, secondary to degenerative arthritis. Dr. Calhoun also confirmed the malunion of Garland's right forearm, and migratory polyarthritis and concluded that "[m]igration of arthritic discomfort may well limit sustained physical activity for carrying out gainful employment."

Dr. Calhoun also confirmed Garland's weak grip in his right hand, his weak knees, and that his chronic polyarthropathy had been a long-standing condition.

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78 F.3d 584, 1996 U.S. App. LEXIS 10280, 1996 WL 99809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silas-r-garland-v-donna-e-shalala-secretary-of-hea-ca6-1996.