Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MAC v. SULLIVAN

January 8, 1993

NGA X. MAC
v.
LOUIS W. SULLIVAN, M.D., Secretary of Health and Human Services



The opinion of the court was delivered by: BY THE COURT; JAMES T. GILES

 GILES, J.

 January 8, 1993

 Plaintiff Nga X. Mac brought this action pursuant to 42 U.S.C. §§ 1383(c)(3) & 405(g) for review of the final decision of the Secretary of Health and Human Services ("the Secretary") denying her claim for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.

 I. PROCEDURAL BACKGROUND

 Mac first applied for SSI benefits in July, 1990. Record ("R.") at 53-56 . Her application was denied. R. 57-59. She filed a request for reconsideration in September 1990, which was also denied. R. 60-64. Mac then filed a request for a de novo hearing before an Administrative Law Judge ("ALJ"). R. 65. The hearing was held on February 22, 1991. Mac attended the hearing, where she testified with the assistance of an interpreter and was represented by counsel. R. 23-49.

 In a written decision ("Decision") the ALJ found that Mac suffers from severe degenerative joint disease of the left knee, mild hypertension, the residuals of gynecological surgery, and a hearing loss in the left ear. R. 14, Decision at 4, Finding 2. However, the ALJ found that these impairments are not of sufficient severity to meet or equal the severities of any relevant impairments described in Appendix 1 to Subpart P of Regulations No. 4 of the Social Security Administration. R.14, Decision at 4, Finding 3. He concluded that Mac retains the residual functional capacity for sedentary work. R. 14, Decision at 4, Finding 5. The ALJ further found that Mac is a younger individual, that she is unable to communicate in English, and that she has no past relevant work experience. R. 14-15, Decision at 4-5, Findings 6-8. Based upon these findings of age, education, past relevant work experience, and residual functional capacity, the ALJ applied Rule 201.23 of Table No. 1 of Appendix 2 to Subpart P of regulations No. 4 of the Social Security Administration, which required a finding that Mac is not disabled. R. 15, Decision at 5, Finding 9.

 II. DISCUSSION

 Hearings before an ALJ to decide SSI disability claims involve shifting burdens of proof.

 
A claimant satisfies her initial burden of proof by showing that she is unable to return to her customary occupation. . . . 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 in the national economy.

 Kent v. Schweiker, 710 F.2d 110, 114 (3d Cir. 1983) (citations omitted). The ALJ found that plaintiff had no past relevant work experience, R. 15, Decision at 15, Finding 8. Plaintiff thus satisfied her burden. The burden then shifted to the Secretary to show that plaintiff can perform jobs which exist in substantial numbers in the national economy. The Secretary's burden is to be strictly construed. Dobrowolsky v. Califano, 606 F.2d 403, 407 (3d Cir. 1979).

 Certain impairments have been determined by the Secretary to be so severe that anyone suffering from them is disabled, irrespective of any other vocational factors such as her age, education, and previous work experience. These impairments are listed in the Secretary's regulations at 20 C.F.R. Pt. 404, Subpt. P, Appendix 1 (the "Medical Listings"). The ALJ found that Mac suffers from severe degenerative joint disease of the left knee, mild hypertension, the residuals of gynecological surgery, and a hearing loss in the left ear. R. 14, Decision at 4, Finding 2. However, the ALJ found that these impairments are not of sufficient severity to meet or equal the severities of any relevant impairments described in the Medical Listings. R.14, Decision at 4, Finding 3. Therefore, the ALJ concluded that medical evidence alone did not compel a finding of disabled.

 When a claimant's medical condition alone does not compel a finding that she is disabled, the Secretary must consider whether the claimant is disabled by her medical condition in conjunction with other vocational factors. In some circumstances the Secretary's burden to show that plaintiff can perform specific jobs in the national economy may be met through reliance on the Medical-Vocational guidelines, 20 C.F.R. Pt. 404, Subpt. P, App. 2, (the "grids"). The Medical-Vocational grids "contain all possible combinations of the four relevant vocational factors -- age, education, work experience, and residual functional capacity. With respect to each combination, the guidelines reveal whether an individual described by those particular characteristics is 'disabled' or 'not disabled' -- that is, able or not able to engage in any other significant, gainful employment that exists in the national economy." Santise v. Schweiker, 676 F.2d 925, 927-28 (3d Cir. 1982).

 The ALJ found that plaintiff retains the residual functional capacity for sedentary work. R. 14, Decision at 4, Finding 5. In other words, she is capable of meeting the strength demands of jobs which the Department of Labor has classified as sedentary. *fn1" Because plaintiff is limited to sedentary work, the ALJ applied the "grid" regulations of 20 C.F.R. Pt. 404, Subpt. P, App. 2, Table 1, which are predicated upon a residual functional capacity to perform sedentary work. Rule 201.23 of this Table commands that a person of claimant's age, *fn2" education, *fn3" and previous work experience *fn4" who is limited to sedentary work is not disabled.

 The gravamen of plaintiff's appeal is that it was improper for the ALJ to apply the Medical-Vocational grids to find her not disabled. She argues that she suffers from urinary incontinence, and that incontinence is an impairment which is not taken into account by the grids. As a result, she argues, the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.