Frates v. Heckler
Frates v. Heckler
Opinion of the Court
This is a civil action in which the plaintiff, pursuant to 42 U.S.C. § 405(g), seeks an order reversing a final decision of the Secretary of Health and Human Services (“the Secretary”) which denied her claim for Supplemental Security Income (“SSI”) benefits. In the alternative, the plaintiff seeks to have her case remanded to the Secretary for further hearing. The matter is before this Court on the plaintiff’s motion for summary judgment and the defendant’s cross motion for an order affirming the decision of the Secretary.
The record indicates that the plaintiff is a fifty-five year old woman with a high school education. She has had two mastectomies, is a recovered alcoholic, and suffers from peripheral vascular insufficiency of the lower extremities. In addition, the plaintiff has been treated in the past for depression, which is apparently associated with her physical ailments. When last evaluated, the depression was not considered severe and the plaintiff was not seeing a psychiatrist.
The plaintiff has not worked since 1973. She filed the application for SSI benefits now under review on June 17, 1981, claiming disability as of October, 1980. The application was denied both initially and on reconsideration by the Social Security Administration (“SSA”). The plaintiff then appeared with her attorney at a hearing before an administrative law judge (“AU”), who considered her case de novo. The AU denied the plaintiff SSI benefits and the Appeals Council approved the AU's decision.
Under the standard of review established by the Social Security Act, the Secretary’s findings of fact, if supported by substantial evidence, are conclusive. 42 U.S.C. § 405(g). Thus a court must uphold the findings if, reviewing the record as a whole, a reasonable mind could accept the evidence as adequate to support the Secretary’s conclusion. Rodriguez v. Secretary of Health and Human Services, 647 F.2d 218, 222 (1st Cir. 1981).
The plaintiff argues that the Secretary incorrectly considered her prior employment as a cloth inspector as past relevant work within the meaning of the regulations, failed to consider the plaintiff’s mental impairments in conjunction with her physical impairments, and erred in finding her capable of working as a cloth inspector. The plaintiff worked as a cloth inspector from 1971 to 1973. Under the SSA regulations, work experience applies if it was done within the last 15 years, lasted long enough for the individual to learn the activity, and was substantial gainful activity. 20 C.F.R. § 404.1565(a). I rule that the Secretary properly considered the plaintiff’s employment as a cloth inspector as relevant past work experience.
In reading the AU’s decision, I find evidence that the AU considered the plaintiff’s psychological problems when making his determination. The decision recounts the history of the plaintiff’s alcoholism and depression. In addition, the AU specifically states in the decision that the plaintiff’s mental problems do not limit her ability to perform work-related functions. I therefore rule that the record indicates sufficient consideration of the plaintiff’s non-exertional impairments.
The last issue to be addressed is whether the AU’s finding that the plaintiff was capable of working as a cloth inspector was supported by substantial evidence. When evaluating a disability claim, the SSA applies the sequential five-part test embodied in the social security regulations at 20 C.F.R. § 404.1520. First, the evaluator queries if the claimant is gainfully employed. If yes, then she is automatically considered not disabled. Goodermote v. Secretary of Health and Human Services, 690 F.2d 5, 6 (1st Cir. 1982). The second question is whether the claimant has a severe impairment which significantly limits her physical or mental capacity to perform work-related functions. Id. If she does have a severe impairment, the third question is whether the impairment meets or
In this case, the ALJ found that the plaintiff was capable of performing past relevant work, as a cloth inspector. The inquiry into the plaintiff’s status therefore ended at stage four. I rule that this finding is not supported by substantial evidence. Although I find substantial evidence that the plaintiff can perform sedentary work, the job description of a cloth inspector contained in the record indicates that it requires using a foot pedal. In his medical evaluation of the plaintiffs physical capabilities, Dr. Lang found that the plaintiff could not use either of her legs for repetitive movements, as in pushing and pulling of leg controls. I find no indication in the ALJ’s decision that these factors were considered. The matter should therefore be remanded to the Secretary for further consideration.
Order accordingly.
ORDER
In accordance with memorandum filed this date, it is ORDERED:
1. Plaintiff’s motion for summary judgment is denied.
.2. Defendant’s motion for an order affirming the Secretary of Health and Human Services’ decision is denied.
3. Case is remanded to the Secretary for further consideration.
Reference
- Full Case Name
- Mildred FRATES v. Margaret M. HECKLER, Secretary of Health and Human Services
- Status
- Published