The opinion of the court was delivered by: DITTER
This is an action brought under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking review of a final decision of the Secretary of Health, Education and Welfare
denying disability benefits to the plaintiff, Bernadette Boyle. The parties filed cross-motions for summary judgment and the matter was referred to a United States magistrate pursuant to 28 U.S.C. § 636(b)(1)(A) and Local Rule 46.
The magistrate recommended that the cross-motions for summary judgment be denied and the case be remanded to the Secretary for further findings. Although I am in full agreement with the learned magistrate's conclusions, I am constrained to make several additional observations in view of the deficiencies in the administrative record.
The plaintiff filed an application for disability insurance benefits on November 13, 1978, alleging disability as of September 1, 1978, due to "loss of hearing." (Tr. 83-86). The initial application was denied (Tr. 87) and, upon plaintiff's request for reconsideration, the denial was affirmed by a disability examiner who concluded that "the claimant retains the residual functional capacity to engage in his (sic) customary past work." (Tr. 89-90). The claim was then considered de novo by an administrative law judge before whom the plaintiff, her daughter, and counsel appeared. The evidence adduced at the hearing is comprehensively surveyed in the report of the magistrate and will not be examined in detail here. It is noteworthy, however, that there was extensive medical evidence introduced which consisted of reports by both treating and examining physicians and evaluations by two psychiatrists. There was a general consensus among the physicians that the plaintiff suffers from a marked hearing loss resulting from a longstanding condition of otosclerosis. (Tr. 121-127, 128, 131, 134).
Dr. Cecil Harris, a specialist in neuro-psychiatry, examined the plaintiff on two occasions and concluded that "it is inconceivable to me that Mrs. Boyle could return to her former employment. Working with vibrating heavy machinery where a combination of her hearing difficulties and psychiatric problems could very well result in more serious injury to her." (Tr. 135).
The plaintiff was also evaluated by Dr. Joseph Saxon, who, although offering no opinion on plaintiff's ability to engage in gainful employment, diagnosed her condition as "anxiety neurosis." (Tr. 130).
Mrs. Boyle's testimony at the administrative hearing was consistent with these diagnoses. She was employed in a yarn mill operating a twisting machine for a period of twelve years. (Tr. 45). Her job consisted of loading and unloading a spindle machine and transferring the finished product into a hand truck. The finished bundles weighed approximately two pounds. (Tr. 46-47). She left her job on September 2, 1978, because she was experiencing dizzy spells, light-headedness, headaches, and nervousness. (Tr. 48-49). She attributed these conditions to her hearing problems which made it impossible for her to function in a noisy environment. (Tr. 56). The plaintiff now complains that she cannot travel alone because of her nervous condition (Tr. 60) and suffers from severe headaches, crying spells, and periods of depression lasting at times up to one month. (Tr. 64). Plaintiff's daughter, who also testified at the hearing, generally confirmed this aspect of her mother's testimony. (Tr. 72).
In a report dated October 23, 1979, the administrative law judge held that the plaintiff was not disabled within the meaning of the pertinent provisions of the Social Security Act. (Tr. 13-18). This decision was affirmed by the appeals council on December 7, 1979 (Tr. 3) after which the plaintiff brought this action for review of the Secretary's decision pursuant to 42 U.S.C. § 405(g).
In order for an individual to be entitled to disability insurance benefits, he must demonstrate that he is disabled within the meaning of Section 223(d)(1) of the Social Security Act, 42 U.S.C. § 423(d)(1). Under this provision, a person is disabled if his "impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education and work experience, engage in any other kind of substantial, gainful work which exists in the national economy ...." 42 U.S.C. § 423(d)(2)(A). Any findings of fact made by the Secretary in determining if a claimant is disabled within the meaning of this provision must be accepted as conclusive by a reviewing court if supported by substantial evidence. 42 U.S.C. § 405(g). "Substantial evidence" has been defined as "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), quoting Consolidated Edison Company v. NLRB, 305 U.S. 197, 229, 59 S. Ct. 206, 217, 83 L. Ed. 126 (1938). The administrative law judge's denial of disability benefits in the instant case was premised upon his findings that "the claimant does not and did not have an impairment or combination of impairments which significantly limited the ability to perform work related functions ...." and that "the claimant's testimony regarding her alleged impairment was not credible." (Tr. 18). I am in complete agreement with the learned magistrate's determination that the finding of non-impairment was unsupported by substantial evidence and cannot be sustained on review. However, I am equally troubled by the lack of evidentiary support for the administrative law judge's finding on credibility and will therefore remand the case for further consideration of that issue as well.
In our view an examiner's findings should be as comprehensive and analytical as feasible and, where appropriate, should include a statement of subordinate factual foundations on which ultimate factual conclusions are based so that a reviewing court may know the basis for the decision. This is necessary so that the court may properly exercise its responsibility under 42 U.S.C. § 405(g) to determine if the Secretary's decision is supported by substantial evidence.
Of equal relevance to the disposition of this matter are those principles governing the burden of proof in a proceeding for disability benefits:
There is a two pronged test for social security act disability: (1) determination of the extent of disability; and (2) determination whether that impairment results in inability to engage in substantial gainful activity. A claimant satisfies her initial burden of proof by showing that she is unable to return to her customary occupation (citations omitted). Once she has made such a demonstration, the burden of proof shifts to the Secretary to show that the claimant, given her age, education and work experience has the capacity to perform specific jobs that exist in the national economy (citations omitted). If there is no finding as to availability of alternative employment a denial of disability benefits can only be sustained if there is medical evidence in the record that claimant's impairment did not prevent her from engaging in her former occupation.
Rossi v. Califano, 602 F.2d 55, 57 (3d Cir. 1979). In the instant case, the plaintiff introduced extensive medical evidence in the form of clinical diagnoses and opinions which substantiated her subjective testimony of disability. Hence, in the absence of contradictory medical evidence, she clearly met her initial burden of demonstrating that she is unable to return to her original employment because of her disability. Livingston v. Califano, 614 F.2d 342, 345 (3d Cir. 1980); Dobrowolsky v. Califano, supra, at 406. It then becomes incumbent upon the Secretary to establish that the claimant has the ability to engage in alternative substantial employment activity. Rossi v. Califano, supra, at 57. If the Secretary is unable so to overcome the claimant's prima facie case, a reviewing court may reverse the denial of disability benefits or remand for further hearings. Livingston v. Califano, supra.
As the magistrate correctly determined, the administrative law judge's conclusion that the plaintiff "retains the basic work-related function to engage in substantial gainful employment" is not supported by substantial evidence and cannot be sustained by this court on review. The administrative law judge did not identify the specific type of work, sedentary or otherwise, which he believed that the claimant is capable of performing nor did he make a finding that such work is available in the national economy for a person of Mrs. Boyle's age, abilities, educational background and past work experience. Further, there is absolutely no evidence in the record, in the form of either medical testimony or the opinion of a vocational expert, which would support a conclusion that the plaintiff is capable of engaging in alternative forms of employment. The case is therefore remanded to the Secretary for a further hearing and additional findings of fact on this question.
The administrative law judge also made a finding that "the claimant's testimony regarding her alleged impairment was not credible" (Tr. 18). Unquestionably, the subjective evidence of pain and disability testified to by the claimant is one of the elements of proof to be considered by the Secretary in determining whether a statutorily recognized disability exists. Brittingham v. Weinberger, 408 F. Supp. 606, 612 (E.D.Pa.1976); Szumowski v. Weinberger, 401 F. Supp. 1015, 1017 (E.D.Pa.1975). Hence, it was well within the purview of the administrative law judge's obligations as finder of fact to make a determination of plaintiff's credibility. Brittingham v. Weinberger, supra, at 613. "The Administrative Law Judge need not accept a claimant's testimony. He may not, however, simply disregard it; he must evaluate the substance of the testimony and make appropriate findings with respect to plaintiff's motivation and credibility." Rosario v. Harris, 492 F. Supp. ...