Walker v. Secretary of Health & Human Services

884 F.2d 241, 1989 U.S. App. LEXIS 4596, 1989 WL 95386
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 6, 1989
DocketNo. 88-1270
StatusPublished
Cited by105 cases

This text of 884 F.2d 241 (Walker v. Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Secretary of Health & Human Services, 884 F.2d 241, 1989 U.S. App. LEXIS 4596, 1989 WL 95386 (6th Cir. 1989).

Opinion

RYAN, Circuit Judge.

Claimant appeals the award of summary judgment to the Secretary in this social security disability action. Because substantial evidence supports the Secretary’s findings, we affirm.

I.

Claimant was born on October 20, 1941, and he has received a General Equivalency Degree as well as training in machine operation. Claimant worked as an iron pourer from February 1971 to August 1982. Prior to that, he had worked as a machine operator since 1965.

On May 18, 1984, claimant applied for disability insurance benefits alleging disability as the result of alcoholism, emphysema, pulmonary fibrosis, arthritis, headaches, and tinuitis. He alleged an onset date of August 2,1982. After initial denial of claimant’s application, a hearing was conducted by an Administrative Law Judge (“AU”). Subsequently, the AU issued a decision affirming the denial of benefits to claimant. The AU found that claimant had a severe impairment resulting from dysthymic disorder, but that this impairment did not meet or equal any of the listings found at 20 C.F.R. Part 404, Sub-part P, Appendix 1 (1988). The AU further found that claimant had the residual functional capacity to perform his past rele[243]*243vant work, and he therefore concluded that claimant was not entitled to disability benefits under the act. After the Appeals Council affirmed the decision of the AU, claimant filed a complaint in the district court seeking review of the Secretary’s decision. The district court adopted the recommendation of the magistrate and remanded the case to the Secretary for application of the revised rules for determining disability due to mental disorders. The Appeals Council subsequently remanded the case to the AU. This appeal, then, concerns only claimant’s alleged mental impairment.

At a second hearing held before the AU, claimant testified that he has had problems with nerves, anxiety, or depression since the age of sixteen or seventeen. He further testified that he is an alcoholic, but that he has been sober since June 1980. He regularly attends Alcoholics Anonymous meetings. Claimant voluntarily entered Saginaw Community Hospital in March 1981 seeking treatment for depression. After a two-week stay, he was diagnosed as suffering from dysthymic disorder. He was referred to the Tri-County Center for outpatient therapy. Beginning on May 17,1982, claimant spent a month at the Battle Creek Sanitarium Hospital. On May 19, he was diagnosed as suffering from a schizoid personality disorder with predominant passive/aggressive tendencies. However, upon discharge from the Battle Creek Sanitarium Hospital on June 18, claimant “obviously felt better, the suicidal ideation went away, he and his girlfriend got along quite well_” On September 1, 1982, claimant “stopped attending therapy on his own volition.” Dr. Charles Williams, claimant’s psychiatrist, and Zigmond A. Kozicki, M.A., claimant’s therapist, reported that claimant was “manipulative,” and that “much of his behavior was oriented toward receiving a permanent disability from the automobile plant for which he worked.”

Claimant was not examined again until June 19, 1984 when Dr. N. Murthi, M.D. examined him for the Secretary. Dr. Mur-thi found claimant “mildly depressed,” and diagnosed claimant as having dysthymic disorder and alcoholic dependency in remission. Dr. Murthi stated that claimant’s prognosis “[a]ppears to be guarded.”

At the second hearing before the AU, a vocational expert testified that claimant’s previous work as an iron pourer could be classified as unskilled and light to medium. His work as a machine operator was unskilled and light. The AU then posed a hypothetical to the vocational expert derived from the May 19, 1982 report diagnosing claimant as suffering from schizoid personality disorder with predominant passive/aggressive tendencies. The vocational expert responded that if all the factors stated in the hypothetical were active at once, claimant “would not be able to function in a controlled or structured setting at all which would include work.” The AU then posed a hypothetical based on the June 19,1984 report of Dr. Murthi, and the vocational expert responded that although claimant’s feelings of low self-worth and mild depression had a negative effect, they would not prevent him from performing his past relevant work because both jobs involved fairly low stress.

On September 30, 1986, the AU issued a decision recommending the award of benefits to claimant for the period beginning August 2, 1982 and continuing through June 18, 1984.1 Based upon the May 19, 1982 report, the AU found that claimant had a severe dysthymic disorder and a schizoid personality disorder. Based upon the vocational expert’s response to the hypothetical based on that report, the AU concluded that claimant could not perform his past relevant work as of that date. However, because claimant last worked in August 1982, the AU held that he was entitled to benefits beginning August 2, 1982, the alleged disability onset date. Based upon Dr. Murthi's June 19, 1984 report, the AU concluded that claimant regained the residual functional capacity to [244]*244perform his previous work on that date. For this reason, the AU recommended that disability benefits be ended on that date.

The Appeals Council issued a decision on May 16, 1987 rejecting the ALJ’s recommendation. The Appeals Council found that although claimant had “dysthymic disorder, a personality anxiety disorder with hyperventilation syndrome, possible alcoholic cardiomyopathy and a history of alcohol abuse, in remission,” his statements regarding the severity of this condition and the exertional restrictions imposed by it were not fully credible and not supported by the medical findings. The Appeals Council observed that claimant had presented no evidence for the period between September 1, 1982 and June 1984. Further, the Appeals Council noted “there is no indication of significant restriction of daily activities and the record does not show constriction of interests, seriously impaired ability to relate to others, nor are there significant exertional limitations.” Because the vocational expert testified that “claimant’s former occupation as an iron pourer was low stress unskilled work and light to medium in exertional demands,” the Appeals Council held that claimant had the residual functional capacity to perform his past relevant work. For this reason, the Appeals Council found that claimant was not disabled.

Claimant again filed a complaint in the district court, and the magistrate issued a report and recommendation finding that the Secretary’s decision was supported by substantial evidence.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
884 F.2d 241, 1989 U.S. App. LEXIS 4596, 1989 WL 95386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-secretary-of-health-human-services-ca6-1989.