Walker G. Grant v. Richard S. Schweiker, Secretary Department of Health and Human Services

699 F.2d 189, 1983 U.S. App. LEXIS 30863, 1 Soc. Serv. Rev. 163
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 1, 1983
Docket82-1303
StatusPublished
Cited by174 cases

This text of 699 F.2d 189 (Walker G. Grant v. Richard S. Schweiker, Secretary Department of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker G. Grant v. Richard S. Schweiker, Secretary Department of Health and Human Services, 699 F.2d 189, 1983 U.S. App. LEXIS 30863, 1 Soc. Serv. Rev. 163 (4th Cir. 1983).

Opinion

HARRISON L. WINTER, Chief Judge:

Walker Grant appeals from an order of the district court affirming the Secretary’s denial of his claim for disability insurance benefits under Titles II and XYI of the Social Security Act, 42 U.S.C. § 401 et seq. Specifically, Grant contends that the Secretary erred in mechanically applying the “grid regulations,” which directed a finding of nondisability, despite evidence indicating the presence of nonexertional, as well as exertional, impairments. We agree. We vacate the judgment of the district court and remand the case with instructions to return it to the Secretary for further proceedings.

I.

Grant applied for disability insurance benefits in March, 1980. His claim was denied, and after reconsideration again denied, by the Social Security Administration. He then requested a hearing before an administrative law judge (ALJ), which was held in November, 1980.

The evidence at the hearing disclosed that Grant was a thirty-five year-old man who had obtained a high school equivalency degree while in the military. His work history consisted of unskilled, heavy laborer work, including loading trucks and pick and shovel work. The first records of Grant’s problems were hospital records from the spring of 1974, when Grant was admitted with preliminary diagnoses of intracranial brain lesion and diabetes mellitus. Against doctors’ advice, however, Grant left the hospital before further testing could be done. The evidence indicates that subsequent to that time, Grant had not worked more than a few days at a time.

Grant submitted evidence at the hearing in an effort to demonstrate that he had suffered a cerebral vascular accident which had resulted in a permanent weakness in his left side (“hemiparesis”). Several medical evaluations concluded that Grant indeed did suffer from weakness on his left side, which is his nondominate side. One doctor estimated this to be about a 10-20 percent loss of strength, although he also indicated that Grant was exaggerating his weakness. Because of this evidence, the ALJ found that Grant was no longer able to perform his prior heavy work activities as a laborer.

On the basis of other evidence presented, however, the ALJ ruled that Grant retained the ability to perform sedentary work activity. Medical reports indicated that muscle bulk was normal and neurological examinations were essentially normal. The evidence indicated that Grant could dress, go *191 shopping, and cook for himself, that his pain was relieved by medication, and that he could sit comfortably for extended periods without distress. Moreover, the ALJ noted that Grant had exaggerated his weakness and had failed to meet his responsibilities in his rehabilitation program. The ALJ thus found that Grant was able to perform sedentary work activity.

In addition to evidence as to his left side hemiparesis, however, Grant had also tendered evidence indicating that he suffered from low intelligence and from greatly impaired manual dexterity. The report from the vocational evaluator stated that Grant had scored an IQ of 72 on the Revised Beta Examination, placing him in the inferior range of intelligence. The Culture Fair Intelligence Test indicated an IQ below available norms. On the Wechsler Adult Intelligence Scale IQ test, Grant had scored a verbal IQ of 89, a performance IQ of 74, and a full scale IQ of 82, indicating a “borderline retarded to dull normal level,” according to the neurologist. The General Aptitude Test Battery gave contrary results, showing average intelligence, verbal aptitude, and numerical aptitude. Additionally, one report indicated that Grant had scored a 6.9 arithmetic grade level, a 7.5 vocabulary grade level, and a 6.5 paragraph comprehension level. The AU’s only reference to Grant’s intelligence was his statement that Grant had scored an 82 on the Wechsler test.

The vocational evaluator’s report also indicated that Grant had gotten a “low score” on the Bennett Hand Tool Dexterity Test, and had scored in the low range on the Purdue Pegboard test of manipulative dexterity. In addition, the General Aptitude Test Battery indicated that finger dexterity and manual dexterity were at least one and one-half standard deviation units below the mean, offering no positive vocational significance. Yet the ALJ made no reference, let alone findings, as to possible impaired manual dexterity.

Instead, the ALJ took what he considered to be the four relevant findings — that Grant was thirty-five-years old, was a high school graduate, had prior work experience that was unskilled, and was presently able to perform sedentary work — and applied the “grid regulations,” Appendix 2, Table No. 1, to 20 C.F.R. Part 404, subpart P. He found that those four findings put Grant within Rule 201.27 of that grid, which directs a finding of “Not disabled.” The ALJ held that because in his opinion the criteria of the Rule were met exactly by the evidence of record, the grid’s conclusion of not disabled had to be observed, and thus denied Grant’s application in its entirety.

This decision was affirmed by the district court, which ruled that the ALJ’s decision was supported by substantial evidence. The district court also noted that even if the high school equivalency degree that Grant earned while in the military was discounted, the grid would still direct a finding of “Not disabled” under Rule 201.24.

II.

In Hall v. Harris, 658 F.2d 260 (4 Cir.1981), this court reviewed at some length the legal framework for deciding disability benefits claims under the new Social Security Administration regulations. Under the Act, the claimant bears the burden of proving a disability within the definition of the Act. 42 U.S.C. § 423(d)(5). Once the claimant makes a prima facie showing of a disability that prevents his engaging in his prior work activity, the burden of going forward shifts to the Secretary, who must show that the claimant retains the capacity to perform an alternative work activity and that this specific type of job exists in the national economy. Id. § 423(d)(2)(A); see Taylor v. Weinberger, 512 F.2d 664, 666 (4 Cir.1975).

The new regulations attempt to regularize the Secretary’s decisionmaking as to this latter showing. They establish a sequential evaluation process whose fifth inquiry is whether the claimant is able to perform other work that exists in the national economy. 20 C.F.R. § 404.1520(f). In order to answer this question, the regulations establish “grids” that take administrative notice of the availability of job types in the na *192 tional economy for persons having certain characteristics, namely age, education, previous work experience, and residual functional capacity.

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699 F.2d 189, 1983 U.S. App. LEXIS 30863, 1 Soc. Serv. Rev. 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-g-grant-v-richard-s-schweiker-secretary-department-of-health-and-ca4-1983.