Brungard v. Secretary of Health & Human Services
Brungard v. Secretary of Health & Human Services
Opinion of the Court
MEMORANDUM AND ORDER
We have received a Magistrate’s Report in the above-captioned matter. This Report includes a recommendation as to the proper disposition of this case. Neither party has excepted to the Magistrate’s assessment and the time allotted for doing so has run. We have considered the Magistrate’s Report and the case file in reaching our decision herein.
Both parties have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. While there is no dispute about any material fact, our review of the record has convinced this Court that it would be inappropriate to grant summary judgment to either party at this time. We agree with the Magistrate’s opinion that it is as yet impossible to determine if the Secretary’s decision to deny social security disability benefits to this claimant was supported by the requisite substantial evidence. Thus, as per the Magistrate’s recommendation, we shall remand this case to the Secretary for further consideration.
As has been intimated, this is an appeal from a decision
The record in this case discloses that Plaintiff is 55 years old with a 9th grade education and that his most extensive and most recent work history is as a used car reconditioner — work which is strenuous enough to be classified as medium work activity. It is beyond dispute that Plaintiff suffers from chronic and constant obstructive pulmonary disease which impairs Plaintiffs ability to perform strenuous work despite his somewhat positive response to bronchodilators.
The AU discounted Dr. Bender’s diagnosis of congestive heart disorder by noting that the record contained “... no objective support for the doctor’s evaluation.”
We are very leery of sanctioning any decision where — as here — an ALJ determines that a physician has drawn an inappropriate conclusion from a diagnostic test. As the Magistrate has aptly stated:
... while an administrative law judge is free to resolve issues of credibility or to choose between properly submitted medical opinions, he is not free to set his own expertise against that of a physician, but rather must point to contrary medical evidence. Ferguson v. Schweiker, 765 F.2d 31 at 37 (3d Cir. 1985).
Moreover, as the Magistrate has noted, the evidence of record seems to demonstrate that, given Plaintiff’s physical limitations and environmental restrictions,
Consistent with the foregoing rationale, we adopt the Magistrate’s Report as our own opinion in this matter and issue the following.
. This decision may be gleaned from a decision of an administrative law judge and the subsequent affirmance thereof by the Appeals Council on July 20, 1984.
. This conclusion is supported by pulmonary function studies and arterial blood gas testing which Plaintiff was subjected to by Drs. Spinney and Bender. See Transcript at 104-06.
. See Transcript at page 20.
. Id.
. See Docket Item 13 at page 8.
. We take judicial notice of the fact that working in a bay where an automobile is being reconditioned is not calculated to promote the health of someone with respiratory impairment. See Exhibit 20 to the Hearing Transcript.
Reference
- Full Case Name
- Russell R. BRUNGARD v. SECRETARY OF HEALTH AND HUMAN SERVICES
- Cited By
- 2 cases
- Status
- Published