Stetler v. Shalala

883 F. Supp. 1180, 1995 WL 242121
CourtDistrict Court, N.D. Indiana
DecidedMarch 21, 1995
DocketNo. 4:94cv0045 AS
StatusPublished

This text of 883 F. Supp. 1180 (Stetler v. Shalala) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stetler v. Shalala, 883 F. Supp. 1180, 1995 WL 242121 (N.D. Ind. 1995).

Opinion

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

Plaintiff Margaret Stetler (“Stetler”) appeals from a final judgment of the Secretary of Health and Human Services (“Secretary”) denying her application for Disability Insurance Benefits (“DBI”) pursuant to the Social Security Act, 42 U.S.C. §§ 416(i), 423(d). Jurisdiction over Stetler’s petition for judicial review is conferred upon this court by 42 U.S.C. § 405(g).

A. Procedural History

The claimant initially applied for DBI on May 20, 1991, alleging disability since April 11, 1991. Tr. 80-82. Her application was denied initially and on reconsideration. Tr. 126-27, 116-17. The claimant originally signed a waiver of her right to a hearing (tr. 180-81), and ALJ James R. Norris issued a decision on April 22, 1992 denying benefits (tr. 31-38). On April 27, 1992 Stetler’s lawyer wrote to the ALJ explaining that Stetler had erroneously waived her right to appear, and did want to have a hearing. Tr. 182. The ALJ held a hearing on August 12, 1992, at which plaintiff, her counsel, and witness Donna Diaz appeared. Tr. 44-79. The ALJ then issued another decision on January 14, 1994, one and a half years after the hearing. Tr. 7-23. The ALJ states in his January 14, 1994 decision that a hearing was held on “March 12, 1992.” Tr. 10. The court can find no record of any such hearing, and can only surmise that the ALJ meant to write “August 12, 1992.”

The ALJ in his January 14, 1994 decision determined that Stetler was not disabled. Tr. 11, 22-23. On February 3, 1994 Stetler petitioned the Appeals Council for review (Tr. 5-6), and the Appeals Council denied plaintiffs request for review in a letter dated April 12, 1994. Tr. 3^. Thus, the ALJ’s decision became the final decision of the Secretary. Plaintiff filed her appeal in this court on June 8, 1994.

[1182]*1182Ms. Stetler, by her attorney, filed her brief on November 25, 1994. The Secretary filed her response on January 13, 1995. There has been no reply filed by the plaintiff, and the court is now prepared to rule. For the reasons detailed herein, this court must remand this case to the Secretary.

B. Standard of Review

The Act itself provides the pertinent standard of review: “The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive....” 42 U.S.C. § 405(g). The Secretary’s finding that Stetler is not disabled must be upheld if it is supported by substantial evidence. Pope v. Shalala, 998 F.2d 473 (7th Cir.1993); Pitts v. Sullivan, 923 F.2d 561, 564 (7th Cir.1991). This court will not reweigh the evidence presented at the administrative hearing, Young v. Secretary of Health and Human Services, 957 F.2d 386, 388 (7th Cir.1992), nor will it determine whether Stetler actually was disabled. Id; Stuckey v. Sullivan, 881 F.2d 506, 508 (7th Cir.1989).

Absent an error of law by the Secretary, this court must affirm her decision if there is substantial evidence to support it. Herr v. Sullivan, 912 F.2d 178, 180 (7th Cir.1990); Kelley v. Sullivan, 890 F.2d 961, 965 (7th Cir.1989). Substantial evidence is that quantum of relevant evidence which “a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); Pope, 998 F.2d at 473. It may be less than a preponderance of the evidence. See, Consolo v. Federal Maritime Commission, 383 U.S. 607, 620, 86 S.Ct. 1018, 1026, 16 L.Ed.2d 131 (1966); Young, 957 F.2d at 389. Substantial evidence may be less than the weight of the evidence and a finding may be supported by substantial evidence even if a reviewing court might have reached a different conclusion. Delgado v. Bowen, 782 F.2d 79, 83 (7th Cir.1986).

C. Description of the Secretary’s Decision

The Secretary employs a five-step process to determine whether a claimant is eligible for benefits within the meaning of the Act. 20 C.F.R. §§ 404.1520, 416.920; Campbell v. Shalala, 988 F.2d 741 (7th Cir.1993). The Seventh Circuit has described this sequential inquiry:

The Secretary must determine in sequence: (1) whether the claimant is currently employed; (2) whether he has a severe impairment; (3) whether his impairment meets or equals one listed by the Secretary; (4) whether the claimant can perform his past work; and (5) whether the claimant is capable of performing any work in the national economy. Schroeter v. Sullivan, 977 F.2d 391, 393 (7th Cir.1992). Once the claimant has satisfied Steps One and Two, he will automatically be found disabled if he suffers from a listed impairment. If the claimant does not have a listed impairment but cannot perform his past work, the burden shifts to the Secretary to show that the claimant can perform some other job. Rhoderick v. Heckler, 737 F.2d 714, 715 (7th Cir.1984).

Campbell, 988 F.2d at 743; see also Young, 957 F.2d at 389.

Applying the five-step procedure in this case, ALJ Norris decided that:

1. The claimant met the disability insured status requirements of the Act on April 11, 1991, the date the claimant stated she became unable to work, and continues to meet them through the dato of this Decision.
2. The claimant has not engaged in substantial gainful activity since April 11, 1991.
3. The medical evidence establishes that the claimant has a severe impairment but does not have an impairment or combination of impairments listed in, or medically equal to one listed in Appendix 1, Subpart P, Regulations No. 4.
4.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Consolo v. Federal Maritime Commission
383 U.S. 607 (Supreme Court, 1966)
Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Brooks v. Sullivan
766 F. Supp. 584 (N.D. Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
883 F. Supp. 1180, 1995 WL 242121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stetler-v-shalala-innd-1995.