Umscheid v. Apfel

993 F. Supp. 1343, 1998 WL 55014
CourtDistrict Court, D. Kansas
DecidedJanuary 6, 1998
DocketCivil Action No. 97-4019-DES
StatusPublished

This text of 993 F. Supp. 1343 (Umscheid v. Apfel) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Umscheid v. Apfel, 993 F. Supp. 1343, 1998 WL 55014 (D. Kan. 1998).

Opinion

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on plaintiff’s motion for reversal of the Social Security Commissioner’s denial of disability insurance benefits under Title II of the. Social Security Act, 42 U.S.C. §§ 401 et seq. (Doc. 11).

I. PROCEDURAL BACKGROUND

The Social Security Administration denied plaintiff’s application for disability benefits both initially and upon reconsideration. Following an administrative hearing on February 1, 1995, and a supplemental administrative hearing on August 23, 1995, an administrative law judge (“ALJ”) concluded that plaintiff is not entitled to disability benefits under Title II because he had not been [1345]*1345“disabled” -within the meaning of the Social Security Act (“Act”) at any time when he met the earnings requirement in the Act.2 The ALJ found plaintiff was not disabled because he retained the ability to perform light work which existed in significant numbers in the local and national economies. On November 29, 1996, the Appeals Council denied plaintiffs request for review. The ALJ’s decision thus stands as the final decision of the Social Security Commissioner. See 20 C.F.R. § 404.981 (1996).

II. FACTUAL BACKGROUND

Plaintiff Lawrence R. Umscheid was born on November 28,1954. He has a high school education and is a registered radiologic technician. Plaintiff alleges that he became unable to work as of December 11,1992, due to a bipolar disorder and bowel incontinence.

On December 11, 1992, plaintiff admitted himself to the Topeka, Kansas, Veteran’s Administration Medical Center (‘VAMC”) due to complaints of decreased sleep, anxiety, and depression. Plaintiff also had complaints of rectal incontinence throughout his stay at the medical center. During plaintiffs treatment at the VAMC, George Penn, M.D., indicated in a letter dated February 2, 1998, that plaintiff was unable to be gainfully employed and that he was transferring plaintiff to the domiciliary at Knoxville, Iowa, for an indefinite time. Upon discharge from the VAMC on February 9, 1993, plaintiff was in stable condition, on a regular diet, and was considered to be improved with an intention of staying at the Knoxville, Iowa, domiciliary.

Plaintiff was admitted to the domiciliary on February 9, 1993, for treatment in the Community Reentry program. His treatment centered around classes on nutrition, medication, fiscal management, leisure education, discharge planning, relapse prevention, and other self-supportive classes. On September 13, 1993, plaintiff was transferred to the domiciliary in Leavenworth, Kansas, for vocational rehabilitation. Upon admission, he had no medical complaints and only indicated that he needed a “uro” consultation. Shortly after admission, however, he complained of arthritis in his neck and back, and was referred to physical therapy and put on Feldene with favorable results. While at the domiciliary, plaintiff engaged in leisure activities, including wood crafts, and expressed a desire to attend college in the fall of 1995. He intended to stáy in the domiciliary until his educational arrangements were made. On October 12, 1994, the Department of Veterans Affairs concluded that plaintiff was entitled to a non-service connected disability pension based on his bipolar disorder. He ■ was discharged from the domiciliary on December 12,1994, with medications.

At the initial hearing on February 1, 1995, Sanford Pomerantz, M.D., testified as a medical expert. Dr. Pomerantz stated that plaintiffs bipolar disorder restricted his activities of daily living and social functioning only slightly, and rarely caused deficiencies of concentration, persistence or pace. He also testified that he had a number of patients with bipolar disorder who, when properly medicated, functioned quite successfully in society.

Another medical expert, psychiatrist Syed Shabbir, M.D., testified at the second hearing on August 23, 1995. Dr. Shabbir opined that plaintiffs mental condition had been asymptomatic for the last three years. He felt plaintiffs proper diagnosis was depressive syndrome in addition to substance abuse disorder. In his opinion, restrictions on plaintiffs activities of daily living and social functioning were slight; deficiencies of concentration, persistence or pace were seldom; and episodes of deterioration or decompensation in work or work-like settings never occurred. He also pointed out that plaintiffs fecal incontinence was not consistently mentioned in the evidence of record.

Plaintiff testified at the February 1,.1995, administrative hearing and a vocational expert testified at the August 23, 1995, administrative hearing. Plaintiff testified that he quit working after taking a leave of absence after his admission to the Topeka VAMC due to depression and anxiety difficulties. He noted that he had additional problems of bowel incontinence and a history of alcohol [1346]*1346and substance abuse. Plaintiff testified that he was domiciled at the Leavenworth VAMC from September 1993 through December 1994 for treatment, but that he was free to come and go as he pleased. Plaintiff testified that his activities consisted of fixing breakfast, reading, doing some light housekeeping, and caring for his dog. Based on a hypothetical question posed by the ALJ, a vocational expert testified that plaintiff could perform jobs such as an electronics tool repairer, electronic motor repairer, bench assembler, and photocopy machine operator.

III. STANDARD OF REVIEW

42 U.S.C. § 405(g) provides for judicial review of a final decision of the Commissioner of the Social Security Administration (“Commissioner”). The reviewing court must determine whether the record as a whole contains substantial evidence to support the Commissioner’s decision. Washington v. Shalala, 37 F.3d 1437, 1439 (10th Cir.1994). Substantial evidence is adequate relevant evidence that a reasonable mind might accept to support a conclusion. Hargis v. Sullivan, 945 F.2d 1482, 1486 (10th. Cir.1991). In contrast, “evidence is insubstantial if it is overwhelmingly contradicted by other evidence.” O’Dell v. Shalala, 44 F.3d 855, 858 (10th Cir.1994) (citation omitted). “A 'finding of no substantial evidence will be found only where there is a conspicuous absence of credible choices or no contrary medical evidence.” Trimiar v. Sullivan, 966 F.2d 1326, 1329 (10th Cir.1992) (citations omitted). The reviewing court must also determine whether the Commissioner applied the correct legal standards. Washington, 37 F.3d at 1439. Reversal is appropriate not only for lack of substantial evidence, but also for cases where the Commissioner uses the wrong legal standards. Glass v. Shalala,

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993 F. Supp. 1343, 1998 WL 55014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/umscheid-v-apfel-ksd-1998.