Munoz v. Secretary of the Department of Health & Human Services
Munoz v. Secretary of the Department of Health & Human Services
Opinion of the Court
OPINION
Plaintiff, Jose Munoz, commenced this action pursuant to 42 U.S.C., section 405(g) to review a final determination of the Secretary of Health and Human Services (“Secretary”) that denied him supplemental security income (“SSI”) on the ground that the evidence was insufficient to prove an impairment of such severity as to preclude substantial gainful activity. Petitioner appeared pro se at the administrative hearing and he expressly and knowingly waived his right to representation by an attorney. In this action he also appears pro se. The decision was made after full consideration of Munoz’ medical history, his testimony and demeanor at a hearing before an administrative law judge (“ALJ”), his educational and vocational background.
The Secretary moves pursuant to Rule 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings dismissing the complaint. The Secretary’s determination must be upheld if it is supported by substantial evidence on the record as a whole — that is, “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”
After a word-by-word reading and a “searching investigation”
The plaintiff claimed supplemental security income under section 1614(a)(3)(A) of the Social Security Act, as amended,
He had been operated on his right eye for removal of cataracts in September 1978; there was an uneventful recovery which required five days’ post-operative hospitalization. Later he developed a detached retina in that eye for which he underwent surgery in March 1979. At that time, upon his admission to the hospital, it was also noted that he might have aphakia
The ALJ found that plaintiff’s impairments are loss of vision in the right eye and mildly restricted visual field in the left eye. While the ALJ did not minimize any pain that plaintiff might experience or that work might produce, he concluded, based upon the demeanor of the plaintiff at the hearing as well as the medical facts and clinical findings, that the impairments would not produce pain of such intensity that the ordinary physical activity necessary to perform his past work would be impossible or contraindicated. So, too, plaintiff testified, and the record supports the finding, that he has the residual functional capacity to perform work-related functions except for work involving fine manipulation; that his former work as a cook or delivery man did not require such fine manipulation and that his impairments did not prevent him from performing his former work (as a cook or delivery man). Consequently, the claimant was not under a disability as defined in the statute and regulations promulgated thereunder.
The Court upon its “searching investigation” of the entire record concludes that the AU’s determination is reasonable and is supported by substantial evidence and that the Secretary’s determination based thereon must be upheld.
Accordingly, the motion to dismiss the complaint is granted. So ordered.
. 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, 216, 83 L.Ed. 126 (1938).
. Gold v. Secretary of Health, Education and Welfare, 463 F.2d 38, 43 (2d Cir. 1972) (quoting Miracle v. Celebrezze, 351 F.2d 361, 382-83 (6th Cir. 1965)).
. 42 U.S.C. § 1382c(a)(3)(A) (1974 & Supp. 1981).
. Absence of the lens of the eye. Dorland’s Medical. Dictionary (25th ed. 1974) (hereafter Dorland’s Medical Dictionary).
. A disease of the eye characterized by increased pressure within the eyeball and progressive loss of vision. Dorland’s Medical Dictionary.
. Inflammation of the iris. Dorland’s Medical Dictionary.
. Farsightedness and impairment of vision due to advancing years or to old age. It is dependent on diminution of the power of accommodation from loss of elasticity of the crystalline lens, causing the near point of distinct vision to be removed farther from the eye. Dorland’s Medical Dictionary.
Reference
- Full Case Name
- Jose MUNOZ v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES
- Status
- Published