Williams v. Sullivan

741 F. Supp. 179, 1990 U.S. Dist. LEXIS 9012, 1990 WL 101602
CourtDistrict Court, D. Nebraska
DecidedJune 20, 1990
DocketNo. CV89-L-367
StatusPublished

This text of 741 F. Supp. 179 (Williams v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Sullivan, 741 F. Supp. 179, 1990 U.S. Dist. LEXIS 9012, 1990 WL 101602 (D. Neb. 1990).

Opinion

MEMORANDUM OF DECISION

URBOM, District Judge.

On July 15, 1985, the plaintiff, Danny M. Williams sustained a severe head injury in a motorcycle accident. His wife, Donna Williams, made application for disability benefits on July 28, 1985. (Tr. p. 39-42). In a letter dated August 26, 1985, Dr. Benjamin R. Gelber reported that Williams should be considered completely disabled and unable to manage his own affairs. The length of his disability was indeterminate, but was expected to last at least one year and probably longer. (Tr. p. 165). Disability benefits were awarded on September 4, 1985. Approximately one year later the named payee was changed (to Williams’ mother) because a divorce action had been filed. (Tr. p. 43-47).

Benefits were discontinued as of March 1988, based on the hearing officer’s determination that Williams was no longer disabled. (Tr. p. 75-87). Williams requested a hearing before an administrative law judge (AU), which was held on November 16, 1988. On January 4, 1989, the AU found that Williams’ entitlement to disability and to disability insurance benefits under 216(i) and 223(a) of the Social Security Act, as amended, had ended. This decision was based on the finding that Williams’ disability had ceased in January 1988, when he first demonstrated his ability to engage in substantial gainful activity. (Tr. p. 8-12). The Appeals Council of the Social Security Administration denied Williams’ request for review, (Tr. p. 4-5), thus the [180]*180decision of the ALJ stands as the final decision of the Secretary.

DISCUSSION

The standard of review for termination of disability benefits is found in 42 U.S.C. § 423(f), which provides in applicable part that:

A recipient of benefits under this sub-chapter or subchapter XVIII of this chapter based on the disability of any individual may be determined not to be entitled to such benefits on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling only if such finding is supported by—
(1) substantial evidence which demonstrates that—
(A) there has been any medical improvement in the individual’s impairment or combination of impairments (other than medical improvement which is not related to the individual’s ability to work), and
(B)(i) the individual is now able to engage in substantial gainful activity[.]

There is substantial evidence that Williams’ medical status has improved since the time of the initial disability determination. At the time the disability benefits were awarded, Williams was comatose and recovering from a closed head injury. (Tr. p. 79, 82). After spending a month in the hospital, Williams was transferred to the Madonna Professional Care Center in Lincoln, where he remained until his release in December 1986. (Tr. p. 79, 199).

On October 1, 1987, Williams was examined by Dr. R.C. Sposato, a Lincoln neurologist. Dr. Sposato reported that Williams was alert, oriented, fluent and was able to be understood. He scored 29 points out of a possible 30 on a cognitive capacity screening examination. (Tr. p. 177).

An examination was also performed on November 12, 1987, by Dr. William R. Stone, Jr., a clinic psychologist. Dr. Stone reported that Williams was oriented for time, place and person. His speech was relevant and coherent, and he was able to carry on a rational goal-directed conversation. Williams indicated having difficulties with remembering a sequence of tasks and presented a notebook he used for that purpose. Later in the interview he was able to recall earlier portions of the interview in a general way but had difficulty going into great detail. His cognitive functioning was estimated to be in the low average range. Williams indicated that he lived by himself, was able to take care of his own household tasks (including cooking and housekeeping), that he had no difficulties with sleep or appetite, and that he enjoyed building models and reading horror books. (Tr. p. 179). He arrived unaccompanied for the examination. (Tr. p. 178). Dr. Stone stated that in view of Williams mild memory impairment, a probable mild decrement in cognitive functioning, and changes in his personality, a diagnosis of organic mental syndrome was appropriate. (Tr. p. 181).

The next question is whether the AU’s finding that Williams is able to engage in substantial gainful activity is supported in the record by substantial evidence. I find that it is.

20 C.F.R. § 404.1572(a) and (b) provide that:

Substantial gainful activity is work activity that is both substantial and gainful:
(a) Substantial work activity. Substantial work activity is work activity that involves doing significant physical or mental activities. Your work may be substantial even if it is done on a part-time basis or if you do less, get paid less, or have less responsibility that when you worked before.
(b) Gainful work activity. Gainful work activity is work activity that you do for pay or profit. Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized.

The record shows that Williams became employed at Goodwill Industries in October 1987 at a pay rate of $3.35 per hour. He worked four hours per day for a total of 20 [181]*181hours per week. (Tr. p. 29). His job involved janitorial tasks at the Federal Building, which consisted mostly of mopping, sweeping, dusting and taking out the trash. (Tr. p. 28, 201, 215). He was unable to run the buffing machine because he had problems with his balance. (Tr. p. 28). Goodwill provided him with a blackboard that listed his daily assignments. Williams checked off each task on the blackboard as he completed it. He also carried his notebook with him. Goodwill Industries felt his strength was sufficient but that the main problem was his balance and memory. (Tr. p. 201). His average monthly earnings from January 1988 to October 1988 was $369.00. (Tr. p. 212).

The regulations at 20 C.F.R. § 404.1574(b) provide that:

(2) Earnings that will ordinarily show that you have engaged in substantial gainful activity. We will consider that your earnings from your work activities as an employee show that you have engaged in substantial gainful activity if—
(vi) Your earnings averaged more than $300 a month in calendar years after 1979.
(4) If you work in a sheltered workshop. If you are working in a sheltered workshop or a comparable facility especially set up for severely impaired persons, your earnings and activities will ordinarily establish that you have not done substantial gainful activity if— ...
(vi) Your average earnings are not greater than $300 a month in calendar years after 1979.

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Bluebook (online)
741 F. Supp. 179, 1990 U.S. Dist. LEXIS 9012, 1990 WL 101602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-sullivan-ned-1990.