Thelma L. WALKER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

826 F.2d 996, 1987 U.S. App. LEXIS 11998, 18 Soc. Serv. Rev. 725
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 8, 1987
Docket86-3204
StatusPublished
Cited by570 cases

This text of 826 F.2d 996 (Thelma L. WALKER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thelma L. WALKER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee, 826 F.2d 996, 1987 U.S. App. LEXIS 11998, 18 Soc. Serv. Rev. 725 (11th Cir. 1987).

Opinion

PER CURIAM:

Thelma L. Walker appeals from the district court’s affirmance of the decision by the Administrative Law Judge (ALJ) denying her claim for supplemental security income and disability insurance benefits. We reverse the district court’s order and remand this case to the Secretary because we find (1) the evidence is insufficient to support the conclusion that Walker can perform a reduced range of light work and the full range of sedentary work; (2) the Secretary improperly relied upon the Medical Vocational Guidelines, 20 C.F.R. pt., 404, subpt. P, app. II (the grids), to determine that Walker is not disabled; and (3) the Secretary used an incorrect legal standard to assess Walker’s complaints of disabling pain.

BACKGROUND

On October 26, 1983, Thelma L. Walker filed her third application for supplemental security income and disability insurance benefits. She alleged that she had been disabled since November 30, 1975, due to a serious foot injury and high-blood pressure. Walker’s first and second applications had been granted and subsequently terminated. The instant application was denied initially and upon reconsideration.

Walker received a hearing before an AU on July 16, 1984. Walker, 48 years old at the time of the hearing, testified that she had a fourth grade education and was the mother of eight children. Walker had no work experience prior to 1982, when she secured a part-time job requiring her to ride on a bus that transported handicapped children to school. She testified that during the summer she works two hours in the morning and two hours in the afternoon, with a three and one-half hour break between shifts. During the winter, Walker stated that she works two and one-half hours in the morning and three hours in the afternoon, with a five-hour break between shifts. She earns approximately $175 per week.

Walker testified about her physical impairments as follows. (See Record, Tab 5, Hearing Decision (Aug. 3, 1984) at 20-49). In 1975, she received a gunshot wound in her left ankle. The ankle had to be fused surgically. She has no movement in the ankle, and sometimes falls because of balance problems. She does some shopping *998 and housework, including cooking and washing. She suffers pain and swelling in the left foot and ankle, which can make her whole leg tremble and vibrate. She requires a cane to walk, although she is able to work without it because the school bus has railings with which she can support herself. Her job causes her increased pain and swelling in both legs, and she rests at home between shifts. The doctor told her that the pain in her right knee, which bothers her most when bending and using stairs, was probably arthritis. She also has problems with her right arm, which was diagnosed as phlebitis. In addition, she suffers gastrointestinal pain, which is accompanied by vomiting and bleeding when she is under stress. She is also periodically subject to asthma.

Surgery on Walker’s foot was performed by Dr. Oscar Gunther, an orthopedic surgeon, who stated in his July 15,1982 report that: “She has had a few surgeries in that foot, and I have treated her all along. In my opinion this patient is unable to hold a job which requires walking or standing on account of the problem that she has in that left foot.”

In January, 1984, Walker was examined by Dr. Perry Carlos at the request of the Office of Disability Determinations. He confirmed that Walker had “had surgery to replace the shattered ankle bone and had internal fixation which left her without dorsiflexion or extension.” Dr. Carlos found that Walker was unable to hop, squat, tandem gait or heel toe walk, that she “appeared unable to maintain stability on her left ankle,” and that “[t]he only way the patient could walk without the cane was holding on to the exam table or the counters.” Dr. Carlos also found that she suffered from arthralgias of the right knee. Dr. Carlos’ conclusion about Walker was as follows:

Patient has obvious difficulty ambulating due to her previous injury of the left ankle. This is further complicated by patient’s obesity. I believe that patient requires an assistive device to ambulate even for short distances effectively.

Walker was treated by Dr. William Bosworth for generalized complaints. In July, 1982, he diagnosed her as having hypertension and gastrointestional problems, and noted that these conditions were controlled by medication. His report of December 2, 1983 stated that Walker had no serious physical disability other than gastrointestional episodes, which may be aggravated by stressful employment. However, the report discussed only Walker’s hypertension and stomach problems, and made no reference whatsoever to her orthopedic problems. On January 30, 1984, Dr. Bosworth diagnosed phlebitis in Walker’s upper right arm.

The AU considered the above medical evidence and the evidence introduced at a prior hearing and made the following findings:

1. Claimant has not engaged in substantial gainful activity since November 30, 1975.
2. The medical evidence establishes that claimant has severe arthrodesis of the left ankle secondary to aged surgical fusion due to gunshot wound, and obesity, but that she 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.
3. Although claimant subjectively complains of multiple arthralgias affecting multiple musculoskeletal joints and other symptoms related to gastrointestinal problems neither the medical evidence nor claimant’s testimony establishes the existence of severe, unremitting pain of a disabling nature.
4. Claimant has the residual functional capacity to perform the physical exertion requirements of work except for prolong walking or standing or repetitive bending and stooping. There are no nonexertional limitations (20 CFR 416.945).
5. Claimant has the residual functional capacity to perform a reduced range of light work and the full range of sedentary work (20 CFR 416.967).
*999 6. Claimant is 48 years old, which is defined as a younger individual (20 CFR 416.963).
7. The claimant has a marginal 4th grade education (20 CFR 416.964).
8. Section 416.969 of Regulations No. 4 and Rules 201.18, Table No. 1 of Appendix 2, Subpart P, Regulations No. 4, direct a conclusion that, considering the claimant’s residual functional capacity, age, education, and work experience, she is not disabled.
9. Claimant was not under a “disability,” as defined in the Social Security Act, at any time through the date of this decision (20 CFR 416

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Bluebook (online)
826 F.2d 996, 1987 U.S. App. LEXIS 11998, 18 Soc. Serv. Rev. 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thelma-l-walker-plaintiff-appellant-v-otis-r-bowen-secretary-of-ca11-1987.