Thomas v. Bowen

695 F. Supp. 987, 1988 U.S. Dist. LEXIS 10451, 1988 WL 96230
CourtDistrict Court, N.D. Indiana
DecidedJuly 15, 1988
DocketCiv. No. F 87-297
StatusPublished

This text of 695 F. Supp. 987 (Thomas v. Bowen) 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
Thomas v. Bowen, 695 F. Supp. 987, 1988 U.S. Dist. LEXIS 10451, 1988 WL 96230 (N.D. Ind. 1988).

Opinion

ORDER

WILLIAM C. LEE, District Judge.

This is an action for judicial review of a final decision of the defendant Secretary of Health and Human Services denying plaintiff’s application for the establishment of a period of disability under section 216(i) of the Social Security Act and for disability insurance benefits as provided by section 223 of the Act. 42 U.S.C. § 416(i); 42 U.S.C. § 423. Section 205(g) of the Act provides, inter alia, “[a]s part of his answer, the Secretary shall file a certified copy of the transcript of the record including the evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the case for a rehearing.” It also provides, “[t]he findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive....” 42 U.S.C. § 405(g).

The law provides that an applicant for disability insurance benefits must establish an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months....” 42 U.S.C. § 416(0(1); 42 U.S. C. § 423(d)(1)(A). A physical or mental impairment is “an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” 42 U.S.C. § 423(d)(3). It is not enough for plaintiff to establish that an impairment exists. It [989]*989must be shown that the impairment is severe enough to preclude plaintiff from engaging in substantial gainful activity. Gotshaw v. Ribicoff, 307 F.2d 840 (4th Cir. 1962), cert. denied, 372 U.S. 945, 83 S.Ct. 938, 9 L.Ed.2d 970, (1963); Garcia v. Califano, 463 F.Supp. 1098 (N.D.Ill.1979). It is well established that the burden of proving entitlement to disability insurance benefits is on the plaintiff. See Jeralds v. Richardson, 445 F.2d 36 (7th Cir.1971); Kutchman v. Cohen, 425 F.2d 20 (7th Cir.1970).

Given the foregoing framework, “[t]he question before [this court] is whether the record as a whole contains substantial evidence to support the Secretary’s findings.” Garfield v. Schweiker, 732 F.2d 605, 607 (7th Cir.1984) citing Whitney v. Schweiker, 695 F.2d 784, 786 (7th Cir.1982); 42 U.S.C. § 405(g). “Substantial evidence is defined as ‘more than a mere scintilla. It means such relevant _ evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Rhoderick v. Heckler, 737 F.2d 714, 715 (7th Cir.1984) quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); see Allen v. Weinberger, 552 F.2d 781, 784 (7th Cir.1977). “If the record contains such support [it] must [be] affirmed, 42 U.S.C. § 405(g), unless there has been an error of law.” Garfield, supra at 607; see also Schmoll v. Harris, 636 F.2d 1146, 1150 (7th Cir.1980).

In the present matter, after consideration of the entire record, the AU made the following findings:

1. The claimant met the disability insured status requirement of the Act on August 30, 1985, the date the claimant stated he became unable to work, and continues to meet them through December 31, 1989.
2. The claimant has not engaged in substantial gainful activity since August 30, 1985.
3. The medical evidence establishes that the claimant has severe fracture and dislocation of the left elbow, colostomy, secondary to cancer of the colon, and essential hypertension, but that he 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. The claimant’s testimony regarding his symptoms and limitation of function was sincere, supported by the medical evidence, and credible, except for his allegation that he has to lie down twice a day.
5. The claimant has the residual functional capacity to perform the physical exertion and nonextertional requirements of work except for lifting and carrying more than 20 pounds maximum, any work involving significant use of the left arm and hand, and maintaining close and constant attention to details (20 CFR 404.1545).
6. The claimant is unable to perform his past relevant work as layout inspector and machinist.
7. The claimant’s residual functional capacity for the full range of light work is reduced by inability to use his left arm and hand and inability to maintain close attention to details.
8. The claimant is 46 years old, which is defined as a younger person (20 CFR 404.1563).
9. The claimant has the equivalent of a high school education (20 CFR 404.-1564).
10. The claimant does not have any acquired work skills which are transferable to the skilled or semi-skilled work activities of other work (20 CFR 404.1568).
11. Based on exertional capacity for light work, and the claimant’s age, education, and work experience, Section 404.1569 and Rule 202.21, Table No. 2, Appendix 2, Subpart P, Regulations No.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Heckler v. Campbell
461 U.S. 458 (Supreme Court, 1983)
Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)

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Bluebook (online)
695 F. Supp. 987, 1988 U.S. Dist. LEXIS 10451, 1988 WL 96230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-bowen-innd-1988.