Thomas v. Schweiker

566 F. Supp. 45, 1983 U.S. Dist. LEXIS 17833, 2 Soc. Serv. Rev. 865
CourtDistrict Court, W.D. Missouri
DecidedApril 11, 1983
DocketNo. 81-4030-CV-W-3
StatusPublished

This text of 566 F. Supp. 45 (Thomas 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
Thomas v. Schweiker, 566 F. Supp. 45, 1983 U.S. Dist. LEXIS 17833, 2 Soc. Serv. Rev. 865 (W.D. Mo. 1983).

Opinion

OPINION AND ORDER

ELMO B. HUNTER, Senior District Judge.

Joan M. Thomas, the plaintiff, appeals the final decision of the Secretary of Health and Human Services (Secretary). The Secretary denied plaintiff’s application for a period of disability and for disability insurance benefits under Title II of the Social Security Act (Act), 42 U.S.C. § 401 et seq. Plaintiff contends that she is disabled and that the record does not contain substantial evidence to support the decision of the Secretary. Both Mrs. Thomas and the Secretary have briefed the court on the issue, and all procedural steps necessary to bring this action before the court have been complied with. After reviewing the record before the Secretary and the arguments presented by the parties, the court affirms the final decision of the Secretary.

On February 5, 1979, Mrs. Thomas filed an application for a period of disability and for disability insurance benefits pursuant to 42 U.S.C. § 416(i) and § 423, respectively. Mrs. Thomas claimed that she became disabled on January 16,1979 due to ankle bone deterioration, chemical dermatitis, hypertension, and high blood pressure. The Social Security Administration (SSA) denied her application, reconsidered, and then denied again.

A full hearing was held before an Administrative Law Judge (AU) at plaintiff’s request. Plaintiff appeared, testified, and was represented by her attorney at the hearing. Also testifying at the hearing was a vocational expert. The ALJ considered the testimony of the plaintiff, the vocational expert, and the medical documents submitted for the record and concluded that plaintiff was not disabled under the Act through the date of his decision.

Plaintiff appealed the ALJ’s decision to the Appeal’s Council of the SSA and had submitted to the Council an additional letter by her doctor. The Council considered the letter in upholding the decision of the ALJ. The Council’s action made the decision of the AU the final decision of the Secretary.

The court has jurisdiction to review the final decision of the Secretary under 42 U.S.C. § 405(g). The statute limits the court’s review, though, to a determination of whether the Secretary’s decision is supported by substantial evidence.1 If substantial evidence does exist to support the decision, then the court is bound by it. Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 1422, 28 L.Ed.2d 842 (1971); Fitzsimmons v. Mathews, 491 F.Supp. 423, 425 (W.D.Mo.1980), aff’d, 647 F.2d 862, 863 (8th Cir.1981). The court now turns to the record.

THE RECORD

Mrs. Thomas was 56 years old at the time of the hearing before the ALJ. She was born in Guimsey Island, Great Britain, and she received her schooling in England. Although not completely clear, it appears that Mrs. Thomas attended “grade” school for [48]*48seven years, had two years of secretarial training, and three years of college while in the armed forces, for a total of twelve years of formal education.

Plaintiff currently resides in a mobile home with her husband in Camdenton, Missouri. They have two children, who are both grown and living away from home.

Mrs. Thomas’ job experience began while she was in the armed services in the late 1940s. She did secretarial work in the Pay Corps Office, consisting of filing, bookkeeping, and typing. After leaving the armed forces and moving to the United States there is no record of plaintiff working until 1964. In 1964 and 1965 plaintiff worked as an inspector and labeler for Stevens Hat Co. She worked for K-Mart as a security officer from June 6, 1967 to June 6, 1968, and left the job to follow her husband’s work. In 1969 she went to work as a clerk with Night Hawk and continued until May of 1973. At that time she left to go to work at Walmart where the pay was better. She became the manager of the ladies wear department. Mrs. Thomas left Walmart August 6, 1979, for the physical reasons cited in her application for disability benefits.

Plaintiff related that her current medical problems can be traced to an incident that occurred in May of 1977. She either came in contact with or inhaled fumes from a pesticide she was using to spray her roses. As a result of this accident plaintiff claimed that she has stomach problems and no longer eats right, suffers from sleeplessness, and is irritable and nervous. She also maintained that her condition has worsened as manifested by rheumatoid arthritis in her ankles, knees, hands, and spine. She also stated that while she continued to work at Walmart she would become ill for two to three days everytime the store was sprayed.

Mrs. Thomas testified that she can not stand for long periods of time or walk very far without pain in her ankles and her ankles swelling. She also did not believe that she could lift ten pounds, and she stated that she does not drive more than four or five miles, usually to the store or the beauty shop. She spends most of her time sitting at home either knitting or sewing, but that even this hurts her back. She also naps twice a day.

Plaintiff also believed that the spray had affected her in non-physical ways. She claimed that since the accident she was irritable and had trouble getting along with others. She also found it hard to concentrate on projects she started around the house. At the hearing, however, she told the ALJ that she had had no problem understanding the questions or following the hearing generally. Even with all her alleged problems, plaintiff testified that she was looking for a job as a receptionist at the time of the hearing.

Also testifying at the hearing was Dr. Arthur E. Smith, a professor at the University of Missouri, St. Louis. He testified in the capacity of a vocational expert.2 Dr. Smith classified plaintiff’s work as an inspector as an unskilled, and light or sedentary job as those terms are defined in the regulations. He classified her sales clerk work as semiskilled and light. See 20 C.F.R. §§ 404.1567 & 404.1568. He also noted certain transferable skills plaintiff gained from her experience as a clerk: public contact, attention to detail, awareness of the retail industry, and quantitative ability.

The ALJ asked Dr. Smith two hypothetical questions concerning plaintiff’s capacity to perform gainful work. First, the ALJ wanted to know whether Dr. Smith believed that plaintiff could be gainfully employed assuming that her exertional impairments would allow her to do sedentary work, but that all the physical, emotional, and mental problems she had testified to were true.3 The expert believed that the impairments alleged would preclude any [49]*49substantial gainful activity. Also under these assumptions Dr. Smith believed that Mrs. Thomas could not return to her former employment. The ALJ then asked Dr.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)

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Bluebook (online)
566 F. Supp. 45, 1983 U.S. Dist. LEXIS 17833, 2 Soc. Serv. Rev. 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-schweiker-mowd-1983.