Woods v. Heckler

625 F. Supp. 1450, 1986 U.S. Dist. LEXIS 30727
District Court, W.D. Virginia·Decided January 8, 1986·No. Civ. A. No. 81-0216-A·Published

Opinion

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

The plaintiff, Richard J. Woods, has filed this action challenging the final decision of the Secretary of Health and Human Services denying plaintiff's claims for disability insurance benefits and supplemental security income benefits under the Social Security Act, as amended, 42 U.S.C. §§ 416(i) and 423, and 42 U.S.C. § 1381 et seq. Jurisdiction of this court is pursuant to 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3). As reflected by the memoranda and argument submitted by the parties, the issues before this court are whether the Secretary’s final decision is supported by “substantial evidence,” and if it is not, whether plaintiff has met the burden of proof as prescribed by and pursuant to the Act. Stated briefly, “substantial evidence” has been defined as such relevant evidence, considering the record as a whole, as might be found ade[1452] quate to support a conclusion by a reasonable mind. Richardson v. Perales, 402 U.S. 389, 400, 91 S.Ct. 1420, 1426, 28 L.Ed.2d 842 (1971).

In an opinion eventually adopted as the final decision of the Secretary, an Administrative Law Judge (AU) found that plaintiff was not under such a disability so as to establish entitlement to benefits under either of the Federal Programs. While the AU found that plaintiff suffers from several impairments, the AU concluded that the conditions are not so severe, either singly or in combination, so as to constitute or contribute to a disability within the meaning of the Act. See 42 U.S.C. § 423 (disability insurance) and 42 U.S.C. § 1382c(a)(3) (supplemental security income).

Woods filed applications for a period of disability and disability insurance benefits under Title II of the Act, and for supplemental security income benefits under Title XVI of the Act on April 10, 1980. He was born on May 24, 1951, and was 27 years of age at the time of his applications for benefits under Titles II and XVI of the Act. He was 29 years of age at the time the AU rendered his decision on February 18, 1981.1 Woods’ past relevant employment was as a construction worker, self-service grocery clerk, welder and auto body repairman. The AU concluded that he was unable to engage in any of his past relevant employment due to the severe musculoskeletal impairment of his back, spine and left ankle. He alleged in his Title II application that he had become unable to engage in any substantial gainful activity in December of 1979 due to an impairment of his back resulting from three compressed vertibrae (sic). Tr. 56. The record reflects that plaintiff was injured in an industrial accident2 on September 2, 1970. He was treated by Dr. Charles Bray, an orthopedic surgeon, for his industrial accident injuries. Dr. Bray initially saw him from the time of the injuries until sometime in 1974. Tr. 120. Woods became able to engage in gainful activity sometime early in the year 1972, because the record reflects that he had four quarters of insured status coverage during 1972 and that he continued to have full insured status coverage through the third quarter of 1979.3 The record does not reflect that he has engaged in any gainful activity since the fourth quarter of 1979 or more specifically since his date of alleged onset of disability in December of 1979. Tr. 69.

The court’s review of the record reflects that the AU committed at least five errors in his adjudication decision in the case sub judice, namely: 1. He made an inappropriate use of the “grids” or Medical Vocational Guidelines set out in the Secretary’s regulations in finding Woods not to be disabled 4; 2. He failed to fairly and properly [1453] adjudicate the pain issue; 3. He resorted to long discredited “sit and squirm” jurisprudence in assessing Woods’ credibility and disability; 4. He failed to give proper weight to the evidence of Woods’ various treating physicians and relied instead on the opinion of a “one-shot” consultative doctor engaged by the Secretary; and 5. He failed to properly consider the synergistic effect of Woods’ combination of impairments, including the chronic and unrelenting pain attendant thereto.

I.

Inappropriate Use of “Grids”

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Woods v. Heckler, 625 F. Supp. 1450, 1986 U.S. Dist. LEXIS 30727 (W.D. Va. 1986).

625 F. Supp. 1450 (Woods v. Heckler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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