Searching over 5,500,000 cases.

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.


September 3, 1985


The opinion of the court was delivered by: Rovner, District Judge.


This is an action pursuant to 42 U.S.C. § 405(a) for judicial review of a final decision of the Secretary of Health and Human Services ("the Secretary") denying the plaintiff's applications for the establishment of a period of disability, disability insurance benefits and supplemental security income ("SSI") under the Social Security Act, 42 U.S.C. § 416(i), 423, and 1381, et seq. Presently pending before this Court is the statement of exceptions of plaintiff Eddie Ward to the report and recommendations of Magistrate James Balog entered on December 12, 1984. Magistrate Balog, in considering the parties' cross-motions for summary judgment, recommended that the plaintiff's motion for summary judgment be denied and that the decision of the Secretary be affirmed.

The Court has conducted a de novo review of the entire administrative record before Administrative Law Judge Larry M. Miller ("ALJ") including the transcript of the oral hearing, all of the exhibits and medical evidence, the decisions of the ALJ and of the Appeals Council, and the pleadings and briefs filed by both parties. For the reasons stated herein, the Court is satisfied that plaintiff's statement of exceptions to the Magistrate's Report and Recommendation is well-taken. Accordingly, plaintiff's motion for summary judgment is granted and the Secretary's motion is denied.

Summary Of Proceedings

On June 23, 1981, plaintiff applied for disability insurance benefits and SSI, alleging that he became disabled and unable to work as of October 17, 1979. His applications were denied initially and upon reconsideration. On February 17, 1982, plaintiff requested a hearing before an ALJ which was held on August 11, 1982. The ALJ found on August 25, 1982 that plaintiff was disabled as of November 6, 1981 and thus entitled to a period of disability, disability insurance benefits, and SSI. Plaintiff disagreed with the ALJ's decision as to the onset date of his disability and thus requested the Office of Hearings and Appeals to review the issue of onset date.

On August 24, 1983, the Appeals Council decided that the ALJ's findings were not supported by substantial evidence and reversed his decision, finding plaintiff not disabled. This decision became the final decision of the Secretary. Plaintiff then filed this action for judicial review, and the case was referred to Magistrate James T. Balog for a report and recommendation on plaintiff's and defendant's cross-motions for summary judgment.

The Magistrate filed his Report and Recommendation on December 12, 1984. He recommended that the government's motion for summary judgment be granted and the decision of the Secretary, denying plaintiff's applications for disability and SSI, be affirmed.


Plaintiff has suffered from polio affecting his right leg and hip since he was six years old. He had corrective surgery on his hip three times. Nevertheless, he refused an artificial hip replacement for fear the operation would render him unable to walk at all. Plaintiff testified that his hip and legs have been in constant pain all his life, that his pain has "[gotten] worse," and that it continues to "get worse." He can sit for no more than two hours at a time, after which he must rise to loosen his leg to relieve the pain. He also takes medication to relieve the pain, after which he must lay down. In addition to these problems, plaintiff lost the sight of his left eye when he was fourteen. Plaintiff also suffers from arthritis in the left shoulder and has complained of bad chest pains.

In June of 1981, plaintiff was hospitalized for a dislocation of the right hip. X-rays of his right hip revealed a marked deformity of the right hemi-pelvis, a dislocation of the right hip with pseudo-acetabulum formation, severe degenerative arthrosis of the head and neck, a protrusion of the right hemi-pelvis, moderate deformity of the iliac wing with sclerosis near the sacroiliac joint, and scoliosis and degenerative arthrosis of the lumbar spine.

On November 6, 1981 plaintiff was given a consultative examination. X-rays of the right hip showed severe osteoarthritis of the right hip with marked narrowing and erosion of the acetabular joint. Also shown was severe sclerosis at the superior portion of the acetabular articulating surface as well as moderate ossified formation of the superior margin. The examination further revealed a shorter right leg length as compared to the left leg, a limitation of range of motion of the right hip, and a limitation of full extension of the right knee.

Plaintiff lived by himself for the eight months preceding the ALJ's hearing. Prior to that time, he lived with his niece for two years, and for the prior six years, he also lived by himself. Plaintiff testified that he cleans, sweeps, and mops his two and one-half room apartment, goes to 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.