Wynn v. Schweiker

558 F. Supp. 617, 1983 U.S. Dist. LEXIS 18846, 1 Soc. Serv. Rev. 827
CourtDistrict Court, W.D. Missouri
DecidedMarch 3, 1983
DocketNo. 82-0538-CV-W-9
StatusPublished

This text of 558 F. Supp. 617 (Wynn v. Schweiker) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wynn v. Schweiker, 558 F. Supp. 617, 1983 U.S. Dist. LEXIS 18846, 1 Soc. Serv. Rev. 827 (W.D. Mo. 1983).

Opinion

ORDER REMANDING CASE

BARTLETT, District Judge.

Plaintiff seeks review of a final decision disallowing her claim for disability insurance benefits under Title II of the Social Security Act, (the Act), 42 U.S.C. §§ 401 et seq., and also her claim for supplemental security income (SSI) benefits based on disability under Section 1602 of Title XVI of [619]*619the Act, 42 U.S.C. §§ 1381-1385. Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), provides for judicial review of a “final decision” of the Secretary of Health and Human Services under both Titles II and XVI.

Plaintiff filed her application for disability benefits under both Title II and Title XVI on September 5, 1980. Both applications were denied by the Social Security Administration. At plaintiff’s request, a hearing was held before an administrative law judge (ALJ). Plaintiff appeared without counsel at this hearing and testified in her own behalf. No other witnesses testified. On December 30, 1981, the ALJ rendered a decision unfavorable to the plaintiff, holding that she was not entitled to a period of disability or to disability insurance benefits under Sections 216(i) and 223 of the Act, 42 U.S.C. §§ 416(i) and 423, or to supplemental security income under Section 1614(a)(3), 42 U.S.C. § 1382c(a)(S), of the Act. Plaintiff sought review of the ALJ’s decision, but on April 30, 1982, the Appeals Council of the Social Security Administration denied her request for review. Thus, the opinion of the ALJ stands as the final decision of the Secretary.

Plaintiff alleged in her application for disability that she suffered from blackouts, a heart condition and high blood pressure. (Tr. 53.) At the hearing she complained of being out of breath after walking three blocks.

I walk ... three blocks. And everyday when, like when I’m walking, I always have to sit down on, lately on the corner. I sit down on the steps. I’m out of breath when I get there and I sit there maybe five or ten minutes before I could start going up the big hill. Then I have to start up the hill. I think that’s really my main problem. I stay out of breath and then I get dizzy all the time....

(Tr. 47.)

The ALJ found that the claimant was not under a “disability” as defined in the Act, and that she retained the residual functional capacity to perform her prior work as a vending machine attendant or as an interviewer for a governmental agency.

This action is before the Court on cross-motions for summary judgment. Upon consideration of the briefs in support and in opposition, and for the reasons stated below, this action will be remanded for further proceedings in accordance with this opinion.

The standard of judicial review for this Court is whether the decision of the Secretary was supported by substantial evidence.

[0]ur duty is to determine whether the decision is supported by substantial evidence in the record as a whole. 42 U.S.C. § 405(g); Also see, Brand v. Secretary of HEW, 623 F.2d 523, 527 (8th Cir.1980). Substantial evidence, in turn, means more than a scintilla of evidence; it means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401 [91 S.Ct. 1420, 1427, 28 L.Ed.2d 842] (1971). Furthermore, this standard of review is more than a rubber stamp for the Secretary’s decision, and is more than a mere search for the existence of substantial evidence supporting the Secretary’s decision. Brand, 623 F.2d at 527. As Justice Frankfurter made clear “the substantiality of evidence must take into account whatever the record fairly detracts from its weight.” [sic] Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 [71 S.Ct. 456, 464, 95 L.Ed. 456] (1951).

McMillian v. Schweiker, 697 F.2d 215 at 220 (8th Cir.1983).

The burden of proof rests upon the plaintiff to establish that she is entitled to benefits under the Social Security Act. Weber v. Harris, 640 F.2d 176, 177 (8th Cir.1981); Timmerman v. Weinberger, 510 F.2d 439, 443 (8th Cir.1975).

The Social Security Administration has promulgated detailed regulations setting out a sequential evaluation process to determine whether a claimant is disabled or not. The regulations, referred to generally as Medical-Vocational Guidelines, are codified as Subpart P of Part 404 of Chapter III of [620]*620Title 20 of the Code of Federal Regulations, 20 C.F.R. §§ 404.1501 et seq., and the same guidelines appear in Subpart I of Part 416, 20 C.F.R. §§ 416.901 et seq. (1982). The former regulations apply to claims by workers insured by reason of earnings covered by social security who have become disabled under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. and the latter to claims of disability by persons who meet a prescribed means test and are eligible for supplementary security income (SSI) payments under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1385.

The Eighth Circuit Court of Appeals summarized this evaluation process in McCoy v. Schweiker, 683 F.2d 1138 (1982). Although McCoy dealt with the claims of insured workers, the Court specifically noted that the discussion about the Medical-Vocational Guidelines was equally applicable to SSI claims.

In an attempt to create an orderly and uniform framework for analysis and decision of disability claims, the Guidelines set out a fixed sequence of decision-making that Administrative Law Judges (AUs) are required to follow. First, a determination is made whether a disability claimant is currently engaged in substantial gainful activity; if so, he must be found not disabled.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
United States v. Kirby L. Criswell
696 F.2d 636 (Eighth Circuit, 1983)
Tyson v. Schweiker
543 F. Supp. 894 (W.D. Arkansas, 1982)
Corbin v. Califano
481 F. Supp. 699 (W.D. Missouri, 1979)
Reed v. Califano
498 F. Supp. 68 (W.D. Missouri, 1980)

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Bluebook (online)
558 F. Supp. 617, 1983 U.S. Dist. LEXIS 18846, 1 Soc. Serv. Rev. 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wynn-v-schweiker-mowd-1983.