Wright v. Schweiker

575 F. Supp. 538, 1983 U.S. Dist. LEXIS 12258
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 28, 1983
DocketCiv. A. 81-2719
StatusPublished
Cited by1 cases

This text of 575 F. Supp. 538 (Wright v. Schweiker) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Schweiker, 575 F. Supp. 538, 1983 U.S. Dist. LEXIS 12258 (E.D. Pa. 1983).

Opinion

MEMORANDUM OPINION AND ORDER

WEINER, District Judge.

This was an action brought by the plaintiff pursuant to Sections 205(g) and 1602 of the Social Security Act, as amended, 42 U.S.C. § 405(g) and § 1383(c)(3) to review a final decision of the defendant, the Secretary of Health and Human Services, 1 denying the plaintiff’s claims for disability insurance benefits under 42 U.S.C. § 423, as amended, and supplemental security income under 42 U.S.C. § 1382. The matter is before this court on cross-motions of the parties for summary judgment. For the reasons which follow, the plaintiff’s motion for summary judgment is granted and the defendant’s motion is denied.

Plaintiff filed an application for disability insurance benefits on September 17, 1979 and an application for Supplemental Security Income (“SSI”) on December 13, 1979 with the Department of Health and Human Services. Plaintiff claimed- that he has been disabled since July 21, 1978 because of an injured back and deteriorating discs. The applications were denied by the Social Security Administration and the Pennsylvania State Agency.

On January 17, 1981, an Administrative Law Judge (“AU”), considering the case de novo, determined that plaintiff had the ability to perform minimally, sedentary work, and maximally, light work. The AU *540 therefore concluded that plaintiff was not under a disability as defined in the Social Security Act.

Plaintiff brought an action for judicial review before this court after the Appeals Council denied a request for review on May 4, 1981 thereby rendering the Secretary’s denial of benefits final. On October 14, 1981 this court remanded the case to the defendant to reconsider evidence previously ignored and to generally hear new evidence and make new findings of fact. This order was affirmed on November 17, 1981, upon a motion for reconsideration by defendant.

Subsequently the Appeals Council vacated its denial of plaintiff’s request for review and remanded the case to the AU. The case was again considered de novo by the AU. In an August 17, 1982 decision the AU concluded that plaintiff retained residual functional capacity for light work and therefore plaintiff was not disabled for purposes of the Social Security Act. Based upon these findings the AU denied plaintiff’s claim for benefits. After independently reviewing the record the Appeals Council adopted the AU’s decision on March 14, 1983, thereby making it the final decision of the Secretary. The plaintiff again appealed to this court.

The issue before this court upon the parties’ cross-motions for summary judgment is whether the Secretary’s final decision is supported by substantial evidence.

Title 42 U.S.C. § 405(g) provides that the Secretary’s findings as to any fact shall be conclusive if supported by substantial evidence. Substantial evidence has been defined to mean “such relevant evidence as a reasonable mind might accept to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971), quoting, Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938); Smith v. Califano, 637 F.2d 968, 970 (3d Cir.1979). Accordingly, the sole purpose of this review is to determine whether, considering the record as a whole, there is substantial evidence to support the Secretary’s findings of fact. Goldman v. Folsom, 246 F.2d 776, 778 (3d Cir.1957). However, while the reviewing court may not try the case de novo, it is similarly prohibited from abdicating its “conventional judicial function” of assuring that administrative conclusions are rational. Universal Camera Corp. v. NLRB, 340 U.S. 474, 490, 71 S.Ct. 456, 466, 95 L.Ed. 456 (1951); Cotter v. Harris, 642 F.2d 700, 705 (3d Cir.1981); Dobrowolsky v. Califano, 606 F.2d 403, 407 (3d Cir.1979); Goldman v. Folsom, 246 F.2d at 778.

“Disability” is defined in the Act as “any medically determinable physical or mental impairment,” 42 U.S.C. § 423(d)(1)(A), which is so severe that the claimant is “not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial work which exists in the national economy ...” 42 U.S.C. § 423(d)(2)(A). This definition of disability also applies to supplemental security benefits for the aged, blind, and disabled. 42 U.S.C. § 1382c(a)(3)(A), (B).

The Social Security Act provides disability benefits only to those individuals not capable of engaging in substantial gainful employment for the required period of time. 42 U.S.C. § 423(d). In the case sub judice plaintiff satisfactorily demonstrated the existence of medically determinable physical and mental impairments as is required by and defined in the Act. 42 U.S.C. §§ 423(d)(1)(A), (3); 1382c(a)(3)(A), (C). However, the AU found that plaintiff failed to show that these impairments prevent the plaintiff from engaging in any substantial gainful activity and determined that the evidence supported a finding that plaintiff was not disabled within the meaning of the Act. (Tr. 149). This court disagrees with this determination which has become the final decision of the Secretary, finding that it is not supported by substantial evidence.

There are four elements of proof to be weighed in determining whether there is substantial evidence to support the Secre *541

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Bluebook (online)
575 F. Supp. 538, 1983 U.S. Dist. LEXIS 12258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-schweiker-paed-1983.