Smith v. Schweiker

559 F. Supp. 639, 1982 U.S. Dist. LEXIS 17300
CourtDistrict Court, W.D. Missouri
DecidedDecember 21, 1982
DocketCiv. A. No. 81-0006-CV-W-4-3
StatusPublished
Cited by1 cases

This text of 559 F. Supp. 639 (Smith v. Schweiker) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Schweiker, 559 F. Supp. 639, 1982 U.S. Dist. LEXIS 17300 (W.D. Mo. 1982).

Opinion

OPINION

ELMO B. HUNTER, District Judge.

This is an action by plaintiff, Cheryl A. Smith, for judicial review of a final decision of the Secretary of Health and Human Services (Secretary) brought pursuant to 42 U.S.C. § 405(g). Both parties have filed a Motion for Summary Judgment, together with supporting memorandums.

On August 1,1977, plaintiff, a resident of Drexel, Missouri, filed her application to establish a period of disability as provided in § 416(i) of the Social Security Act (The Act — 42 U.S.C. § 401 et seq.) and to obtain disability insurance benefits (S.S.I — § 423 of the Act) claiming disability beginning July 22, 1977 for active rheumatoid arthritis. The claim was at first denied by the Social Security Administration (Social Security). A subsequent determination on February 21,1978, revised and reversed the prior determination, and benefits were awarded based on a period of disability which began on July 22,1977. On May 14, 1979, Social Security determined that plaintiff’s condition had improved to the extent that she was able to perform substantial gainful work in April, 1979. This decision was reconsidered by Social Security at plaintiff’s request of June 20, 1979, and reaffirmed on August 23, 1979.

On April 15,1980, at plaintiff’s request a hearing was held before an Administrative Law Judge who rendered a decision unfavorable to plaintiff’s claim. His determination was that plaintiff was not under a disability, within the meaning of the Act at any time after April, 1979, and, therefore, that plaintiff was not entitled to a continuation of a period of disability, nor to disability insurance benefits.1 On November 5, 1980, the Appeals Council of the Social Se[641]*641curity Administration affirmed the Administrative Law Judge’s decision that plaintiff’s disability had ceased in April, 1979, and that her benefits ceased with the close of June, 1979, making that decision the final decision of the Secretary.

Applicable Law

By law, the burden of proof rests upon a plaintiff to establish her entitlement to disability insurance benefits and SSI under the Social Security Act. Similarly, the burden of proving that her disability continues is on the plaintiff. See, Weber v. Harris, 640 F.2d 176 (8th Cir.1981). If the Secretary’s decision on the question of whether or not the disability continues is supported by substantial evidence, that decision is conclusive on the reviewing court: See, 42 U.S.C. § 405(g); Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). The reviewing court is charged with the duty of reviewing the record as a whole to determine not only whether the Secretary’s decision is supported by substantial evidence but also whether the decision is a rational one in which the law is properly construed and applied. Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1971); Brand v. Secretary of Department of Health, Education & Welfare, 623 F.2d 523, 527 (8th Cir. 1980).

The Lay Evidence Before The ALJ

Plaintiff, who was not represented by an attorney, testified as follows: She was born November 17, 1947; is 32 years old (April 15, 1979) and possesses a 10th grade education. She has not worked since her period of disability began in July, 1977. From 1974 to 1977 she was employed as a meat packer at Oldham’s Farm. That job required her to be either standing or walking “all day long”, constantly bending, reaching and lifting 28 lb. boxes of meat and stacking it. It was hard, heavy labor. The temperature where she worked was freezing and below. From 1973 to 1974 she was employed at Peterson Manufacturing as an assembler of fog lights.. Before that she worked as a radio parts assembler. Before that she was a machine operator working with a molding machine, inspecting and boxing plastic parts.

In 1979 she was hurting in her muscles and joints, mainly in her shoulders, knees and hips. The joints hurt “real bad” and she had difficulty in walking. Her condition worsened and in the winter of 1979 she couldn’t brush her teeth, bend over the sink or do her regular housework. Her hands hurt and she couldn’t walk; had to lay down; couldn’t make bread, open jars or lift a skillet. She does do some limited housework. She drives her car about 30 miles a week to the grocery store. Eventually she was sent to Dr. Sisk who placed her on Amitriptyline for her pain. She has been taking it for approximately one year. She had a set back this winter (1979-1980) which still continues.

Plaintiff’s mother testified in support of her daughter’s statements, and particularly as to plaintiff’s pain and disabilities.

The Medical Evidence Before The AU

As earlier indicated, a medical team reviewed the evidence on October 6,1977, for Social Security.2 The medical team found against plaintiff’s claim.

Approximately four months later, February 21, 1978, a medical team reconsidered plaintiff’s claim bolstered by a medical report from each of three medical doctors— Trimble (1/13/78); Peterson (1/25/78); and [642]*642Spurney (1/3/78).3 This team revised and reversed the determination of October 6, 1977. This medical team report found and stated:

The W/E alleges that she is unable to work because of rheumatoid arthritis. The medical information indicates that she does have arthritis affecting multiple joints. She has pain and some limitation of motion and is beginning to have some mild changes in some of the joints. She cannot be exposed to damp or extremely cold weather and she cannot do frequent step or stair climbing. She could not do continuous gripping or twisting with either hand and cannot reach over her shoulders to retrieve objects frequently or to retrieve any weighted objects above 1 or 2 pounds. Her general lifting would be limited to about 5 pounds. This medical information indicates that she is limited to less than sedentary type work activity; therefore, the review team decides that she is entitled to a period of disability beginning 7/22/77.

On June 1, 1979, plaintiff was notified that Social Security had reviewed additional medical evidence which showed she had become able to perform substantial gainful work in April, 1979. The June 1, 1979, medical team review apparently based primarily on an April 25,1979, examination of plaintiff by H. Joe Pryor, M.D.,4 concluded: “Although the claimant does have documented rheumatoid arthritis, she is asymptomatic at this time. (Emphasis added) It does not appear that claimant has any physical or mental restrictions which prevent substantial gainful activity. It appears the claimant has no more than a slight impairment at this time.

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559 F. Supp. 639, 1982 U.S. Dist. LEXIS 17300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-schweiker-mowd-1982.