Williams v. Matthews

439 F. Supp. 1327, 1977 U.S. Dist. LEXIS 13193
CourtDistrict Court, E.D. Virginia
DecidedNovember 1, 1977
DocketCiv. A. No. 77-0039-R
StatusPublished
Cited by1 cases

This text of 439 F. Supp. 1327 (Williams v. Matthews) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Matthews, 439 F. Supp. 1327, 1977 U.S. Dist. LEXIS 13193 (E.D. Va. 1977).

Opinion

MEMORANDUM

MERHIGE, District Judge.

Norman T. Williams brings this action under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary holding that he is not entitled to disability benefits. The sole issue before the Court is whether the final decision of the Secretary is based upon substantial evidence. Each of the parties has moved for summary judgment. The matter is thus ripe for disposition.

The Secretary, and not the Court, is charged with the duty of weighing the evi[1328]*1328dence and resolving material conflicts in same. Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). The Court is, however, duty bound to give careful scrutiny to the entire record to insure that there is a sound foundation for the Secretary’s findings and that his decision is rational. Wyatt v. Weinberger, 519 F.2d 1285 (4th Cir. 1975); Taylor v. Weinberger, 512 F.2d 664 (4th Cir. 1975); Vitek v. Finch, 438 F.2d 1157 (4th Cir. 1971).

Facts are not in dispute. The rpcord may be summarized as follows:

Plaintiff is a sixty-one year old male with an eighth grade education. His work experience is varied: he worked in a slate quarry from 1932 to 1936; for a railroad company from 1936 to 1950; and for Reynolds Metals Co. for one or two years. Commencing in 1953, he worked as a manager of a storage company. He remained in that position until November of 1974, at which time he entered the hospital for a transurethral resection (“TUR”), of the prostate and bladder. On January 13, 1975 plaintiff attempted to return to work, but suffered violent chills and left work after a few hours.

On January 81, 1975 a pulmonary function study was performed on plaintiff at Richmond Memorial Hospital. The FEV-1 showed 2.70 pre-dilator and 2.90 post-dilator; the MW showed 128 predilator and 138 post-dilator.1

On February 28,1975 plaintiff was examined by Dr. Clifton L. Parker. After giving plaintiff a physical examination and considering the results of the pulmonary function studies, Dr. Parker concluded that plaintiff had a “severe chronic obstructive pulmonary disease” consisting of chronic bronchitis and emphysema. Dr. Parker stated unequivocally that “[fjrom the standpoint of the patient’s present job I feel that he is totally and permanently disabled.”

On March 13,1975 plaintiff filed an application with the Richmond branch office of the Social Security Administration seeking disability benefits. In August of that same year a state disability examiner reviewed Dr. Parker’s report on plaintiff and the attached pulmonary function studies from Richmond Memorial Hospital. The disability examiner apparently gave no weight to Dr. Parker’s conclusions, for he denied plaintiff’s claim on the grounds that the pulmonary function study showed that plaintiff had sufficient residual breathing capacity to perform heavy work and that plaintiff “can do usual work.”

Plaintiff’s requested reconsideration, but the application was again denied. Thereupon plaintiff requested a hearing, which was conducted in Richmond on October 6, 1976.

At the hearing, plaintiff testified that he was suffering from pulmonary disease and from prostatitis, and was consequently unable to work. Records in plaintiff’s file indicated that he had worked as a motel clerk at a friend’s motel from January 20, 1976 to March 12,1976, but he testified that he had been forced to give up that position because of intense pain in his legs. He stated that he had difficulty standing for any length of time because of the pain — a pain so severe that it sometimes awakened him at night — and that he could not sit for more than half-an-hour before his arms started to get numb. He stated that he experienced pain in his chest and shoulders whenever he exerted himself, and that he suffered pain in his arms and legs even when he did not exert himself. He further testified that while he could walk approximately one block, if he walked further he became short of breath.

Concerning his daily activities, plaintiff stated that he helped his wife around the house by washing the dishes and doing a little cleaning, but that he could not mow the lawn even with a power mower. He also testified that he had some time previously tended a small garden in his back yard but had to cease because of his physical difficulties.

[1329]*1329The medical records are generally favorable to plaintiff’s claim of disability.

Records concerning plaintiff’s November 1974 TUR operation and his February 1975 examination by Dr. Parker have heretofore been discussed. The hearing record additionally contains the results of several other examinations. On May 29, 1975 plaintiff was examined by Dr. Marion L. Rice, Jr., his family physician, who concluded that plaintiff had undergone a “rapidly severe increase” of obstructive lung disease. Dr. Rice concluded that plaintiff was “totally disabled under optimum conditions for any usual activities for which he is qualified and definitely, totally disabled when attempting to work under the conditions [of his job at the storage company].”

On January 16, 1976, plaintiff was given a neurological examination by Dr. Robert P. Singer. This examination revealed patchy loss in both upper and lower extremities, which the doctor concluded to be more of a neuropathy type than a true root sign. The doctor concluded that plaintiff had pulmonary neuropathy secondary to his chronic disease.

On February 3,1976, Dr. Rice addressed a letter to plaintiff’s attorney stating that in his opinion it was “now obvious that Mr. Williams is unable to perform any substantial, gainful work” and that his impairment was “so severe as to prevent him from working not only in his usual occupation, but in any other substantial, gainful work considering his age, education, training, and work experience.” Dr. Rice recommended that total disability be awarded to plaintiff by the Secretary.

On May 6, 1976, plaintiff was examined by Dr. Edward S. Ray. He administered a series of pulmonary function studies which indicated a moderate impairment in plaintiff’s ventilatory function. However, Dr. Ray recommended that plaintiff undergo arterial gas studies to better evaluate his pulmonary function. The doctor expressed no opinion at that time as to plaintiff’s disability.

On October 4,1976, just two days prior to plaintiff’s hearing, Dr. Parker wrote plaintiff’s attorney stating that plaintiff was “definitely disabled and cannot work in a dirty, dusty atmosphere.” The doctor added, however, that there were “many patients with this degree of pulmonary disability who work in sedentary jobs such as clerks, etc. It would be difficult for me to state based on the degree of pulmonary function that we have demonstrated that the patient could not be employed in some sedentary work.” But the doctor further qualified this by stating:

“Mr.

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Related

Phillips v. Department of Health, Education & Welfare
453 F. Supp. 1047 (S.D. New York, 1978)

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Bluebook (online)
439 F. Supp. 1327, 1977 U.S. Dist. LEXIS 13193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-matthews-vaed-1977.