Willey v. Heckler

607 F. Supp. 576, 1985 U.S. Dist. LEXIS 20472
CourtDistrict Court, D. Maine
DecidedApril 23, 1985
DocketCiv. 83-0189 P
StatusPublished

This text of 607 F. Supp. 576 (Willey v. Heckler) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willey v. Heckler, 607 F. Supp. 576, 1985 U.S. Dist. LEXIS 20472 (D. Me. 1985).

Opinion

MEMORANDUM OF DECISION

GENE CARTER, District Judge.

This is an action under 42 U.S.C. § 405(g) for review of the final decision of the Secretary of Health and Human Services, which denied Plaintiff’s application for disability insurance benefits. Plaintiff is a 55-year-old man who alleges that he became disabled on April 15, 1976 as a result of a variety of impairments. Plaintiffs application was denied administratively, and after hearing, by an Administrative Law Judge (AU). The case is before the Court on Plaintiff’s Motion for Summary Judgment and Defendant’s Motion for Order Affirming the Decision of the Secretary.

In reviewing the denial of disability benefits, the standard of this Court’s review is whether the determination made by the AU is supported by substantial evidence. 42 U.S.C. § 405(g); Lizotte v. Secretary of Health and Human Services, 654 F.2d 127, 128 (1st Cir.1981). In other words, the determination must be supported by such relevant evidence as a reasonable mind might accept as adequate to support the conclusions drawn. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971).

The Court has thoroughly reviewed the entire record, including the transcript of the hearing below, the exhibits, and the briefs submitted by counsel. After careful consideration, the Court finds that the case must be remanded for a determination of whether the claimant’s skills are transferable and whether his residual functional capacity is as it was assessed by the AU.

The medical evidence and the Claimant’s testimony indicate that the Claimant suffers from an assortment of complaints, including asthma with shortness of breath, joint pain, and depression or anxiety. The AU separated the Claimant’s problems into three basic areas and found that Claimant does not have a severe pulmonary impairment, is not suffering from any mental impairment, but does have a severe orthopedic impairment in his left shoulder. The AU then found that Claimant has a residual functional capacity for sedentary work. Although he found claimant to be limited by his asthma in performing jobs in extremely hot or cold temperatures or extremely dirty environments, he found that these limitations did not significantly compromise Claimant’s ability to perform sedentary work. The AU “accept[ed]” that Claimant experiences pain in his shoulders upon activity and recognized that Claimant may have mild degenerative disc disease and soft spinal bones which may result in pain. However, the AU did not find credible Claimant’s allegations of extensive and disabling pain. Finding that Claimant had limited education and was approaching advanced age, and relying on a vocational expert’s opinion that Claimant’s past work was semi-skilled and that he had transferable skills, the AU applied Vocational Rule 201.11 of the Medical Vocational Guidelines, [the Grid] 20 C.F.R. Part 404 App. 2, § 201.11, which directed a finding of not disabled.

Claimant complains that the AU’s routine application of the Grid was erroneous given Claimant’s combination of exertional and nonexertional impairments. The regulations set forth a procedure for the Secretary to follow when both exertional and nonexertional impairments are present:

[W]here an individual has an impairment or combination of impairments resulting in both strength limitations and nonexer-tional limitations, the rules in this sub-part are considered in determining first whether a finding of disabled may be possible based on the strength limitations alone and, if not, the rule(s) reflecting the individual’s maximum residual strength capabilities, age, education, and *578 work experience provide a framework for consideration of how much the individual’s work capability is further diminished in terms of any types of jobs that would be contraindicated by the nonexer-tional limitations. Also, if these combinations of nonexertional and exertional limitations which cannot be wholly determined under the rules in this Appendix 2, full consideration must be given to all the relevant facts in the case in accordance with the definitions and discussions of each factor in the appropriate sections of the regulations, which will provide insight into the adjudicative weight to be accorded each factor.

20 C.F.R. Part 404, App. 2, § 200.00(e)(2). Although the AU purported to consider the effect of Claimant’s nonexertionál impairments before determining that he was not disabled under the Grid, it is clear to the Court that full consideration was not “given to all the relevant facts in the case” to “provide adjudicative weight to be accorded each factor.” The AU’s application of the Grid was based in part on the vocational expert’s findings that Claimant has skills that are transferable. The vocational expert’s determination of transferability, however, was not informed by adequate information concerning Claimant’s exer-tional and nonexertional impairments. The expert’s conclusions in this case were, therefore, neither relevant nor reliable. As the Court of Appeals for the First Circuit has stated:

[I]n order for a vocational expert’s answer to a hypothetical question to be relevant, the input into that hypothetical must correspond to conclusions that are supported by the outputs from the medical authorities. To guarantee that correspondence, the Administrative Law Judge must both clarify the outputs (deciding what testimony will be credited and resolving ambiguities), and accurately transmit the clarified output to the expert in the form of assumptions.

Arocho v. Secretary of Health and Human Services, 670 F.2d 374 (1st Cir.1982).

The AU found that Claimant suffered various types of pain but did not find credible his allegations of extensive and disabling pain. Although Claimant’s pain alone was not found to be disabling, it should have been considered by the AU in conjunction with Claimant’s other impairments. This means that the AU should have transmitted his medical findings concerning pain into an accurate hypothetical for the vocational expert, on whose opinion he relied in making his final determination. The record demonstrates that such an assessment would have been pertinent to the expert’s opinion. When asked by Claimant’s attorney whether pain would have an impact on an individual’s ability to do the types of work she had described, the vocational expert stated: “I think that is a medical question, and I would think it would depend upon the degree.” The AU’s determination of the degree of Claimant’s pain and how it would limit his abilities were not delineated in his opinion, and were not transmitted to the vocational expert, so his assessment of transferability lacked an important component.

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Bluebook (online)
607 F. Supp. 576, 1985 U.S. Dist. LEXIS 20472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willey-v-heckler-med-1985.