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.

DEROBERTIS v. BOWEN

June 27, 1989

MICHAEL R. DeROBERTIS, Plaintiff,
v.
OTIS R. BOWEN, Secretary of Health and Human Services, Defendant



The opinion of the court was delivered by: BUA

 BUA, UNITED STATES DISTRICT JUDGE

 The sole issue in this Social Security case is whether the Administrative Law Judge ("ALJ") erred in determining the onset date of plaintiff's disability. The ALJ ruled that the onset date of plaintiff's disability is November 7, 1986. The defendant, Secretary of the United States Department of Health and Human Services ("the Secretary"), adopted the ALJ's ruling. Plaintiff Michael R. DeRobertis then filed this action, pursuant to Section 205 of the Social Security Act, 42 U.S.C. Section 405(g), to obtain judicial review of the Secretary's decision. DeRobertis claims that the onset date of his disability is April 13, 1985. Both DeRobertis and the Secretary have moved for summary judgment. For the reasons stated herein, the Secretary's motion for summary judgment is granted, and DeRobertis' motion for summary judgment is denied.

 FACTS

 DeRobertis was born on February 28, 1940. He has an eighth grade education and no transferable work skills. From March 15, 1985 through April 12, 1985, he was employed as a steam jacket kettle maker. On April 13, 1985, DeRobertis suffered an acute myocardial infarction ("heart attack") for which he remained hospitalized for ten days. As a result of this condition, DeRobertis was put through a series of tests which revealed that he also suffers from a hiatal hernia and gastritis. In addition, he has been diagnosed as suffering from mild depression. He has not worked at any job since his heart attack.

 On May 29, 1985, DeRobertis filed applications with the Social Security Administration ("SSA") for disability insurance benefits and supplemental security income ("SSI"). DeRobertis' applications alleged April 13, 1985, as the onset date of his disability. These applications were denied initially and again upon reconsideration. DeRobertis then appealed the denial of his applications to the SSA's Office of Hearings and Appeals, which assigned his case to an ALJ for a hearing on DeRobertis' disability claims.

 Under Social Security regulations, the ALJ was required to employ the following five-step analysis in determining whether DeRobertis was disabled: *fn1"

 
(1) If the claimant is doing "substantial gainful activity," he is not disabled;
 
(2) If the claimant does not have a "severe impairment," he is not disabled;
 
(3) If the claimant has an impairment or impairments medically equivalent to one of the impairments listed in Appendix 1 to the Social Security regulations, 20 C.F.R. Pt. 404, Subpt. P, App. 1 ("the Listings"), then he is disabled;
 
(4) If the claimant's residual functional capacity ("RFC") allows him to perform his past work, he is not disabled;
 
(5) If, considering the claimant's age, education, past work experience, and RFC, the claimant cannot perform other work available in the national economy, he is disabled.

 However, the ALJ rejected DeRobertis' claim that he was disabled during the period from April 13, 1985 to November 7, 1986. The ALJ found no medical evidence to support a finding that DeRobertis' impairments met any of the listings in Appendix 1 to the regulations prior to November 7, 1986. In addition, the ALJ found that DeRobertis retained both the mental and physical capacities to perform sedentary work even after suffering his heart attack. Thus, ...


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.