Waters v. Secretary of Health and Human Services

827 F. Supp. 446, 1992 U.S. Dist. LEXIS 21593, 1992 WL 510889
CourtDistrict Court, W.D. Michigan
DecidedOctober 13, 1992
Docket1:92-cr-00074
StatusPublished
Cited by6 cases

This text of 827 F. Supp. 446 (Waters v. Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waters v. Secretary of Health and Human Services, 827 F. Supp. 446, 1992 U.S. Dist. LEXIS 21593, 1992 WL 510889 (W.D. Mich. 1992).

Opinion

OPINION

HILLMAN, Senior District Judge.

This action was filed pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking review of a final decision of the Secretary of Health and Human Services, denying plaintiffs claim for disability insurance benefits. The decision of the Secretary is now before the Court, pursuant to cross-motions for summary judgment. The Act, supra, limits this Court to a review of the Administrative Record and provides that if the Secretary’s decision is supported by substantial evidence, it shall be conclusive. The only issue involved in this appeal is whether there is substantial evidence to support the Secretary’s decision denying the claimant disability benefits and, specifically, whether there is substantial evidence supporting the Secretary’s decision that the claimant is capable of performing sedentary work which exists in significant numbers.

Substantial evidence is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Substantial evidence is more than a mere scintilla but less than a preponderance. See Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971), Gibson v. Secretary of Health, Education and Welfare, 678 F.2d 653 (6th Cir.1982). The Sixth Circuit has stated that “substantial evidence is not simply some evidence, or even a great deal of evidence. Rather, the ‘substantiality of evidence must take into account whatever in the record fairly detracts from its weight.’ ” Beavers v. Secretary of Health, Education and Welfare, 577 F.2d 383, 387 (6th Cir.1978) quoting Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951). I am not to review the record de novo and I must evaluate the record as a whole and uphold the Secretary’s decision if it is supported by substantial evidence, even though I might reach a different result were I deciding the case de novo. See Morgan v. Secretary of Health and Human Services, 664 F.Supp. 273 (E.D.Mich.1986).

Plaintiff was born on June 6, 1939, possesses a high school education, and has relevant past work experience as a mine plant repairman, mine maintenance man, and pump repairman. Transcript of Administrative Proceedings at pages 2, 3, 4 and 5 (hereinafter Tr. at —). On April 4, 1990, plaintiff applied for a period of disability and disability benefits, alleging that since June 21, 1989, he has been unable to work as a result of a bad back. Tr. at 60-62. The Secretary adopted the findings of the Administrative Law Judge (ALJ) who concluded that plaintiff was not capable of performing his past relevant work *448 but was capable of performing sedentary work.

The ALJ concluded that claimant suffered from degenerative arthritis of the lumbosacral spine and degenerative disc disease of the lumbosacral spine with possible spinal stenosis. Based on these impairments, the ALJ concluded that plaintiff was not capable of performing his prior work. According to the ALJ’s decision, the plaintiff has the residual functional capacity for sedentary work. Relying on the testimony of the vocational expert, the ALJ concluded that plaintiff had transferable skills to semi-skilled sedentary work and that there were 1,000 jobs in existence in the claimant’s regional economy that he could perform. Therefore, the ALJ concluded that plaintiff was not disabled. The defendant described the vocational expert’s testimony as follows:

Bob B. Winborn, Ed.D, formerly a professor of rehabilitation counseling at Michigan State University, testified as a vocational expert (Tr. 54-58, 148-49). Mr. Waters’ attorney did not object to Dr. Winborn’s qualifications (Tr. 54). Dr. Winborn examined the exhibits in the record and heard Mr. Waters’ testify (Tr. 54-55). Dr. Win-born testified that as a machinery repairman, Mr. Waters [sic] acquired skills of using micrometers and gauges, and reading blueprints (Tr. 56). These skills transferred to the semi-skilled, sedentary, position of bench inspector (id). There were 1,000 bench inspector positions in the state of Michigan that required Mr. Waters’ skills (id). These jobs were concentrated in the lower peninsula, in the aerospace and automotive industries (Tr. 57-58). While the positions required Mr. Waters [sic] skills using micrometers and gauges and reading blueprints, the products and processes were different from those in the mining industry (id). Mr. Waters also had skills that transferred to 3,500 exer-tionally light positions (Tr. 56). These included skills from his work as a warehouseman that transferred to tool crib attendant, welding skills that transferred to welding work, and machinery repair skills that transferred to small engine repair (Tr. 55-56).

Defendant’s Memorandum in Support of Motion for Summary Judgment at page 4.

It cannot be seriously disputed that the vast majority of these 1,000 jobs exist in the greater Detroit area where the automotive industry is centered in Michigan. This puts the vast majority of these jobs some 500 miles away from plaintiffs residence. As indicated by the defendant, these 1,000 jobs involve products and processes which were different from those in the mining industry which plaintiff has performed in the past. As the defendant points out at page 10 of its brief, if the plaintiff were 55 or older, instead of 53, he would likely be found disabled based on the grids because of the difference in products and processes between his prior work experience and the 1,000 jobs. See also Rules 201.15, 201.07, and 201.00(f) of 20 C.F.R. Part 404, Subpart P, Appendix 2.

Once the Secretary concluded that plaintiff was not capable of performing his past relevant work, the burden shifted to the Secretary to prove that, notwithstanding plaintiffs severe impairments, he has the ability to perform substantial gainful employment which exists in the national economy. See Price v. Heckler, 767 F.2d 281 (6th Cir.1985); Richardson v. Secretary of Health and Human Services, 735 F.2d 962 (6th Cir.1984). The specific issue facing the court is whether there is substantial evidence to support the Secretary’s finding that plaintiff is capable of performing substantial gainful activity which exists in the national economy. 20 C.F.R. § 404.1566 defines work which exists in the national economy as follows:

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Bluebook (online)
827 F. Supp. 446, 1992 U.S. Dist. LEXIS 21593, 1992 WL 510889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waters-v-secretary-of-health-and-human-services-miwd-1992.