Skeens v. Sullivan

737 F. Supp. 362, 1990 U.S. Dist. LEXIS 6189, 1990 WL 68696
CourtDistrict Court, W.D. Virginia
DecidedApril 24, 1990
DocketCiv. A. No. 88-0287-A
StatusPublished
Cited by2 cases

This text of 737 F. Supp. 362 (Skeens v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skeens v. Sullivan, 737 F. Supp. 362, 1990 U.S. Dist. LEXIS 6189, 1990 WL 68696 (W.D. Va. 1990).

Opinion

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

Plaintiff has filed this action challenging the final decision of the Secretary of Health and Human Services denying plaintiff's claim for supplemental security income benefits under the Social Security Act, as amended, 42 U.S.C. § 1381 et seq. Jurisdiction of this court is pursuant to 42 U.S.C. § 1383(c), which incorporates § 205(g) of the Social Security Act, 42 U.S.C. § 405(g). This court’s review is limited to a determination as to whether there is substantial evidence to support the Secretary’s conclusion that plaintiff failed to meet the conditions for entitlement established by and pursuant to the Act. If such substantial evidence exists, the final decision of the Secretary must be affirmed. Laws v. Celebrezze, 368 F.2d 640 (4th Cir.1966). Stated briefly, substantial evidence has been defined as such relevant evidence, considering the record as a whole, as might be found adequate to support a conclusion by a reasonable mind. Richardson v. Perales, 402 U.S. 389, 400, 91 S.Ct. 1420, 1426, 28 L.Ed.2d 842 (1971).

The plaintiff, Ruth Skeens, was born on September 14, 1948 and eventually completed the fifth grade in school. Mrs. Skeens has not worked outside the home. On September 1, 1985, plaintiff filed application for supplemental security income benefits. At that time, she alleged that she became disabled for all forms of substantial gainful employment on April 2, 1978 due to renal tuberculosis, bladder problems, kidney trouble, heart condition, high blood pressure, and migraine headaches. Mrs. Skeens now maintains that she has remained disabled to the present time.

Mrs. Skeens’ claim was denied upon initial consideration and reconsideration. She then requested and received a de novo hearing and review before an Administrative Law Judge. In an opinion dated March 22, 1988, the Law Judge also determined that Mrs. Skeens is not disabled. The Law Judge found that plaintiff suffers from an impairment of the genitourinary system. Despite this condition, the Law Judge held that plaintiff retains sufficient functional capacity for a full range of medium exertion. Given a residual functional capacity for medium exertion, and considering the other relevant circumstances of the case, the Law Judge applied the medical-vocational guidelines so as to conclude that Mrs. Skeens may now perform several specific medium work roles existing in the national economy. See, gen., 20 C.F.R. [364]*364§ 416.969 and Rule 203.25 of Appendix II to Subpart P of the Administrative Regulations No. 4. Accordingly, the Law Judge ultimately concluded that Mrs. Skeens is not disabled, and that she is not entitled to supplemental security income benefits. See, gen., 20 C.F.R. § 416.920(f). The Law Judge's opinion was adopted as the final decision of the Secretary by the Social Security Administration’s Appeals Council. Having exhausted all available administrative remedies, Mrs. Skeens has now appealed to this court.

While plaintiff may be disabled for certain forms of employment, the crucial factual determination is whether plaintiff was disabled for all forms of substantial gainful employment. See 42 U.S.C. § 1382c(a). There are four elements of proof which must be considered in making such an analysis. These elements are summarized as follows: (1) objective medical facts and clinical findings; (2) the opinions and conclusions of treating physicians; (3) subjective evidence of physical manifestations of impairments, as described through a claimant’s testimony; and (4) the claimant’s education, vocational history, residual skills, and age. Vitek v. Finch, 438 F.2d 1157, 1159-60 (4th Cir.1971); Underwood v. Ribicoff, 298 F.2d 850, 851 (4th Cir.1962).

After a review of the record in this case, the court is constrained to conclude that the Secretary’s final decision is supported by substantial evidence. The current medical record confirms that Mrs. Skeens has suffered from a number of troublesome and worrisome impairments. The evidence establishes that plaintiff continues to experience certain genitourinary difficulties. However, the court must agree that the current medical record fails to support plaintiff’s claim of total disability for all forms of substantial gainful employment.

It seems that Mrs. Skeens has suffered from tuberculosis in her right kidney, ureter, and bladder. Throughout the early 1980s, her tuberculosis was considered to be dormant. In August of 1984, plaintiff was treated for chest pain, hypertension, and obesity. In March of 1985, she was evaluated for a mass in her breast, which was considered to be benign.

In August of 1985, Mrs. Skeens was hospitalized for treatment of renal calculi, a urinary tract infection, and her history of genitourinary tuberculosis. She eventually underwent surgery for removal of a kidney stone from her right kidney. However, plaintiff has continued to suffer from recurrent urinary tract infection. On January 28, 1988, Dr. N.B. Concepcion, a urologist, related as follows:

Mrs. Skeens is a 38-year old white female who was referred by Dr. Zibdeh for evaluation of recurrent urinary tract infection. She has a strong family history of tuberculosis and in 1978 was diagnosed to have TB of the right kidney and bladder and was treated for 2 years until the urine culture for TB was negative. On intravenous urogram (August 1987) she had findings consistent with TB of the right kidney, ureter, and bladder. Repeat urine culture for TB done September 1987 revealed no growth. In the meantime her voiding symptoms were not improving despite adequate antibiotic treatment. Because of this nonre-sponsiveness to regular antibiotic, I started to treat her with anti-TB drugs. I believe she has reinfection of TB of the urinary tract even though the urine culture is negative for TB. She will need continuous treatment for about 2 years. (TR 236).

There is some conflict in the record as to the extent of plaintiff’s functional restriction. On May 19, 1986, Dr. G.S. Kanwal opined that plaintiff is totally disabled due to kidney problems, high blood pressure, ulcers, and a hernia. However, on several occasions, Dr. Mildred R. Passmore, a medical advisor for the Social Security Administration, has indicated that Mrs. Skeens’ impairments do not result in total disability. The court recognizes that Dr. Passmore’s findings are of limited value, inasmuch as Dr. Passmore did not have the opportunity to personally examine Mrs. Skeens. See, gen., Millner v. Schweiker, 725 F.2d 243 (4th Cir.1984); Hall v.

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842 F. Supp. 209 (W.D. Virginia, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
737 F. Supp. 362, 1990 U.S. Dist. LEXIS 6189, 1990 WL 68696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skeens-v-sullivan-vawd-1990.