Sparks v. Ribicoff

197 F. Supp. 174, 1961 U.S. Dist. LEXIS 3470
CourtDistrict Court, W.D. Virginia
DecidedAugust 25, 1961
DocketCiv. A. No. 825
StatusPublished
Cited by7 cases

This text of 197 F. Supp. 174 (Sparks v. Ribicoff) 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
Sparks v. Ribicoff, 197 F. Supp. 174, 1961 U.S. Dist. LEXIS 3470 (W.D. Va. 1961).

Opinion

MICHIE, Judge.

This action was brought to review a decision of a Hearing Examiner of the Department of Health, Education and Welfare holding that the plaintiff, James W. Sparks, was not entitled to the establishment of a period of disability under § 216 (i) of the Social Security Act, as amended, (U.S.C.A. Title 42, § 416 (i)) nor to disability insurance benefits under § 223 of said Act. (U.S.C.A. Title 42, § 423.) The Appeals Council of the Social Security Administration having denied a [175]*175review of the Examiner’s holding that holding became a final decision of the Secretary of Health, Education and Welfare (hereinafter called the Secretary) and therefore reviewable by action in this court under § 205(g) of said Act (U.S. C.A. Title 42, § 405(g)).

On March 24, 1959 the plaintiff filed an application to establish a period of disability and an application for disability insurance benefits, alleging that he first became unable to engage in substantial work on August 20, 1958. The applications were disallowed by the Bureau of Old-Age and Survivors Insurance of the Social Security Administration on August 20, 1958. Plaintiff requested reconsideration on November 24, 1959 and on April 2, 1960 the Bureau reaffirmed its original decision. Plaintiff then filed a request for a hearing and a hearing was held at Norton, Virginia before a Hearing Examiner on April 2,1960. Evidence was taken and the Examiner found that the plaintiff was not entitled to the establishment of a period of disability or to disability benefits and, as above noted, this finding has now become a final decision of the Secretary.

Section 205(g) of the Act (U.S.C.A., Title 42, § 405(g)) provides that in such a proceeding as this the “findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive.” And the definitions of “disability” in § 216 (i) of the Act, applicable to the establishment of a period of disability, and in § 223(c), applicable to disability insurance benefits, are identical as applied to the facts of this case, namely, “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration.” Section 216 (i) adds blindness, as there defined, as an additional definition of “disability” for the purposes of that section but blindness is not involved in this case.

The issue to be decided here, then, is whether there is substantial evidence to support the Secretary’s conclusion that the plaintiff was not, at the time he filed his application on March 24, 1959, unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or to be of long continued and indefinite duration.

In plaintiff’s application for disability insurance benefits and also for the establishment of a period of disability, he stated that the nature of his impairment was “Heart Condition & Rheumatism T & P” and he further stated as to the effect of the impairment “too weak, short of breath — soreness in legs and arms.”

There are a number of medical reports in the file. The first is a report of Dr. E. P. Cox of Norton, Virginia, dated January 27,1959. This report is criticized in the brief of the United States Attorney as being “singularly defective in objective medical findings from which the extent of plaintiff’s impairment could be determined.” It does, however, state under “Diagnosis”: “Rheumatism in arms "and legs, Chronic bronchitis, Heart.” The failure to explain what is meant by the single word “Heart” is particularly criticized in the brief of the United States Attorney. However, Dr. Cox does conclude : “Due to age, felt that he will ever be able to do any thing but very light work, due to his rheumatism, and heart condition, also chest condition.” (The plaintiff was 59 at the time this report was made and is now nearly 61.)

I recognize the rule that medical witnesses should not be permitted to state their conclusions on the ultimate issue to be decided, i. e., whether or not the plaintiff is disabled within- the meaning of the Social Security Act. United States v. Spaulding, 293 U.S. 498, 55 S.Ct. 273, 79 L.Ed. 617; Kohrs v. Flemming, 8 Cir., 272 F.2d 731; Dean v. Flemming, D.C., 180 F.Supp. 553. Nevertheless the foregoing conclusion of Dr. Cox and the similar conclusions reached by certain other doctors in this case and hereinafter quoted do not seem to go to the ultimate conclusion to be reached in the case but merely to the effect of certain conditions found [176]*176by them upon the ability of the plaintiff to do certain types of work.

After the application was made, the plaintiff was evidently referred to Dr. John C. Buchanan of the Miners Memorial Hospital for examination and Dr. Buchanan’s report is much more detailed than that of Dr. Cox. The conclusions of Dr. Buchanan, so far as expressed at all in the report, are as follows:

“Clinical Impressions:
1) Latent Diabetes Mellitus, requiring no treatment.
2) Dental caries, marked.
3) Pulmonary emphysema and fibrosis, mild.
4) Right bundle branch block (AHA classification of heart disease IA)
5) Osteoarthritis, General.
6) Hypertrophy of prostate, mild, benign.
7) Varicose veins, lower legs, e minimal.”

Unlike Dr. Cox, Dr. Buchanan does not express any opinion as to the effect the conditions that he found might have on the plaintiff’s ability to engage in substantial gainful employment, and he nowhere states what the effect or any of all of his findings (called “Clinical Impressions”) might be on the plaintiff’s ability to work.

The brief of the United States Attorney undertakes to supply this lack in certain respects by advising the court, inter alia, that the heart condition referred to in Dr. Buchanan’s summary of “Clinical Impressions” imposes “no limitations on a patient’s activity and requires no treatment.” However, this statement in the brief and similar statements in the opinion of the Hearing Examiner do not constitute evidence and the Court cannot take judicial notice of medical matters that are not common knowledge.

“Judicial notice will be taken of generally known medical and other scientific facts relating to human life, health, and faculties. For example, among other things, judicial notice may be taken of well-known facts relating to the anatomy and physiology of man; of the diseases to which men are subject, and in a general way of the causes or sources of such diseases, and the remedies or cures therefor; of well-known facts relating to emotional or mental disturbances; of the nature and effect of injuries, diseases, and physical defects; of the character of particular diseases as being material to insurance risk; of the effects of the use of intoxicating liquors; and of facts relating to dangerous situations, accidents, and accidental injuries.

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Bluebook (online)
197 F. Supp. 174, 1961 U.S. Dist. LEXIS 3470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sparks-v-ribicoff-vawd-1961.