Opinion
Civil No. 98-1678 (JAC-PG)
October 11, 2000
For Plainitiff, Melba N. Rivera, Esq.
For Defendant, Lilliam E. Mendoza, Assistant U.S. Attorney
OPINION AND ORDER
Plaintiff was closely approaching advanced age, 53-years-old in 1996, the time the administrative decision was issued. He has high school education and past relevant work experience as a machine repairman for thirty-two years. The application for a determination of a period of disability and benefits thereof was filed on October 13, 1994, alleging inability to work since March 7, 1994, due to headaches, diabetes, high blood pressure, esophageal hernia, stomach ulcers, cellulitis in his leg, pulmonary, and a mental condition. He is insured for disability purposes until December 31, 1999.
The above-plaintiff's application was initially denied and thereafter the requested administrative hearing was held on April 12, 1996. The presiding Administrative Law Judge (ALJ) issued an opinion, adopted as the final decision of the Commissioner of Social Security (the Commissioner) concluding claimant was not under disability. Plaintiff now seeks judicial review of this final decision. Social Security Act, 42 U.S.C. § 405 (g).
Section 205(g) provides:
"[t]he court shall have power to enter, upon the pleadings and transcripts of record, a judgment affirming, modifying, or reversing the decision of the Commissioner, with or without remanding the cause for a rehearing".
The ALJ determined that the claimant could not perform his past relevant work, but that considering his residual functional capacity and his age, education and work experience, there were other jobs that he could perform within the national economy. The digestive disorders were not considered to cause malnutrition or weight loss. The pulmonary condition was assessed as a mild chronic obstructive pulmonary disease. However, most of the medical record related to hospital treatment and laboratory tests are illegible. The claimant had developed cellulitis of the right leg secondary to bilateral tinea pedis and had varicose veins that caused no limitations in the use of any of the lower extremities or joints. The arterial hypertension is considered to have been stabilized and chronic pulmonary condition is not further elaborated nor could be assessed from the illegible record (Tr. pp. 167-200).
Insofar as the emotional condition, the treating physician and a second diagnosis are consistent in that there is severe major depressive disorder. The ALJ considered that notwithstanding annotations make reference to being logical, coherent and oriented. Still, short term and immediate memory were significantly impaired and insight was poor. Daily activities were considered restricted and social functioning would decompensate under stress. However, the ALJ concluded he was able to perform work within the medium level to light and sedentary, except for complex or detailed instructions, that is, work that was repetitive and simple, where claimant would not be placed under intensive tension or pressure. No reference to said jobs nor the assistance of a vocational expert or a medical consultant appears on record.
To establish entitlement to benefits, claimant has the burden of proving that he became disabled within the meaning of the Social Security Act. Disability is determined in §§ 216(i)(1) and 223(d)(1), 42 U.S.C. 416(i)(1) and 423(d)(1). See Bowen v. Yuckert, 482 U.S. 137, 107 S.Ct. 2287, 2294 n. 5 (1987); Deblois v. Secretary of H.H.S., 686 F.2d 76, 79 (1st Cir. 1982). Claimant may be considered disabled if he is unable to perform any substantial gainful employment because of a medical condition that is expected to last for a continuous period of at least 12 months. The impairments imposed by the condition or combination of conditions must be so severe as to prevent him from working in his usual occupation and in any other substantial gainful employment upon further taking in consideration age, education, training, and work experience. Social Security Act, 42 U.S.C. 423(d)(2)(A).
Once claimant has established he is unable to perform his previous work, then the burden shifts to the Commissioner to prove the existence of other jobs in significant numbers in the national economy that claimant is still able to perform. Goodermote v. Secretary of H.H.S., 690 F.2d 5 (1st Cir. 1982); Torres v. Secretary of H.H.S., 677 F.2d 167 (1st Cir. 1982). See Vázquez v. Secretary of H.H.S., 683 F.2d 1 (1st Cir. 1982); Geoffrey v. Secretary of H.H.S., 663 F.2d 315 (1st Cir. 1981).
To review the final decision of the Commissioner, courts must determine if the evidence of record meets the substantial evidence criteria to support the Commissioner's denial of plaintiff's disability claim. Substantial evidence is "more than a mere scintilla and such, as a reasonable mind might accept as adequate to support a conclusion."Richardson v. Perales, 402 U.S. 389 (1971), quoting Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197 (1938). The findings of the Commissioner as to any fact are conclusive, if supported by the above-stated substantial evidence.
Falú v. Secretary of H.H.S., 703 F.2d 24 (1st Cir. 1983).
From the record it could be ascertained that plaintiff has a severe mental condition and his ability to decompensate under stress is not controverted by any other medical evidence. Both the treating physician Dr. Humberto Suárez Torres, Dr. Wistremundo Dones, and Héctor M. Tejeda coincide that there is a major depression an anxious and sad mood with poor insight as to his condition. The patient is also undergoing pharmacological treatment, to wit Zoloft 100 mg., Zestril 20 mg., Reglan, 10 mg., Axid 150 mg., Cordura 10 mg., and medication for the diabetic condition. His pulmonary condition is described as pulmonary fibrosis and leg phebitis. He has also received treatment upon complaints of chest pains
The undersigned magistrate considers that an examination of all the evidence in the record as a whole fails to show there is substantial evidence to support the final decision issued by the Commissioner and thus it is VACATED.
The Clerk is to enter judgment accordingly.
IT IS SO ORDERED.