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  • 5 Soc - Sec.rep - Ser. 96, Unempl - Ins.rep. CCH 15,303 Jesse Robinson v. Secretary of Health and Human Services, 733 F.2d 255, 2d Cir. (1984)

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    This document summarizes a court case regarding the termination of disability benefits for Jesse Robinson. The court found that Robinson did not receive a fair hearing. Specifically: 1) Robinson appeared at the hearing unrepresented and referred to missing medical documents that were not included in the evidence reviewed. 2) The administrative law judge failed to adequately develop the record by not following up on the missing documents Robinson referenced. 3) As a result, the court determined Robinson was not afforded an adequate opportunity to present his case without legal representation, and his rights were not sufficiently protected. The court reversed the ruling to terminate benefits and remanded the case back to the Secretary to hold a new hearing.

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    Filed: 1984-04-30 Precedential Status: Precedential Citations: 733 F.2d 255 Docket: 637

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    5 soc.sec.rep.ser. 96, unempl.ins.rep. Cch 15,303 Jesse Robinson v. Secretary of Health and Human Services, 733 F.2d 255, 2d Cir. (1984)

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    This document summarizes a court case regarding the termination of disability benefits for Jesse Robinson. The court found that Robinson did not receive a fair hearing. Specifically: 1) Robinson appeared at the hearing unrepresented and referred to missing medical documents that were not included in the evidence reviewed. 2) The administrative law judge failed to adequately develop the record by not following up on the missing documents Robinson referenced. 3) As a result, the court determined Robinson was not afforded an adequate opportunity to present his case without legal representation, and his rights were not sufficiently protected. The court reversed the ruling to terminate benefits and remanded the case back to the Secretary to hold a new hearing.

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    Public Domain
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    52 views4 pages

    5 Soc - Sec.rep - Ser. 96, Unempl - Ins.rep. CCH 15,303 Jesse Robinson v. Secretary of Health and Human Services, 733 F.2d 255, 2d Cir. (1984)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case regarding the termination of disability benefits for Jesse Robinson. The court found that Robinson did not receive a fair hearing. Specifically: 1) Robinson appeared at the hearing unrepresented and referred to missing medical documents that were not included in the evidence reviewed. 2) The administrative law judge failed to adequately develop the record by not following up on the missing documents Robinson referenced. 3) As a result, the court determined Robinson was not afforded an adequate opportunity to present his case without legal representation, and his rights were not sufficiently protected. The court reversed the ruling to terminate benefits and remanded the case back to the Secretary to hold a new hearing.

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    of 4

    733 F.

    2d 255

    5 Soc.Sec.Rep.Ser. 96, Unempl.Ins.Rep. CCH 15,303


    Jesse ROBINSON, Plaintiff-Appellant,
    v.
    SECRETARY OF HEALTH AND HUMAN SERVICES,
    Defendant-Appellee.
    No. 637, Docket 83-6199.

    United States Court of Appeals,


    Second Circuit.
    Argued Jan. 26, 1984.
    Decided April 30, 1984.

    Elizabeth M. Imholz, Brooklyn Legal Services Corp. B, Brooklyn, N.Y.


    (John C. Gray, Jr., Jane Greengold Stevens, Ruben Nazario, Brooklyn,
    N.Y., of counsel), for plaintiff-appellant.
    Kiyo A. Matsumoto, Asst. U.S. Atty., E.D.N.Y. (Raymond J. Dearie, U.S.
    Atty., E.D.N.Y., Miles M. Tepper, Asst. U.S. Atty., Brooklyn, N.Y., of
    counsel), for defendant-appellee.
    Before LUMBARD, MESKILL and PRATT, Circuit Judges.
    LUMBARD, Circuit Judge:

    This is an appeal from the Eastern District of New York, Thomas C. Platt,
    Judge, affirming a decision of the Secretary of Health and Human Services
    ("Secretary") terminating Disability Insurance and Supplemental Security
    Income ("SSI") benefits based on a determination that appellant, Jesse
    Robinson, ceased to be disabled for purposes of eligibility under the Social
    Security Act as of January 1982.

    Robinson was born in Florence, South Carolina on April 3, 1935. He has been
    employed as a power press operator, a messenger and a truck helper but has not
    worked since 1972. In 1973, Robinson was found to be disabled under the New
    York State Plan for Aid to the Permanently and Totally Disabled. Robinson

    was converted to the SSI program when it began in 1974. In September 1974,
    he filed for disability insurance. He was found disabled due to arthritis,
    myocardial infarction, and cirrhosis of the liver. He began receiving benefits
    retroactive to January 1972, and continued to receive them through March
    1982.
    3

    In April 1981, the Social Security Administration requested information from


    Robinson to determine whether he was still entitled to benefits. On November
    12, 1981, Dr. Zarday, a consultative physician, examined Robinson and
    diagnosed hypertension, an enlarged heart, low back syndrome and an
    "emotional and nervous condition." Robinson was also examined by Dr. Jay
    Cavanaugh, a consultative psychiatrist, who described Robinson as slightly
    obese and appearing to be older than his true age. He stated that Robinson
    exhibited mild anxiety and depressive symptoms and, considering his age and
    long-standing medical problems, the prognosis was poor. Dr. Cavanaugh
    concluded that Robinson's "medical problems are sufficient to make him semiinvalided."

    On November 12, 1981, Dr. Emmanuel Mendelson performed a radiographic


    examination of Robinson at the request of the Social Security Administration.
    He examined Robinson's left shoulder, lumbosacral spine and chest and
    concluded that the spine was normally aligned but that there was "minimal spur
    formation about the vertebral bodies" and that there was "slight cardiac
    enlargement." On January 13, 1982, Dr. A. Slovis, a consultative physician,
    conducted a treadmill exercise stress examination of Robinson which was
    terminated after three minutes due to Robinson's fatigue and resulted in a
    negative finding for ischemic heart disease.

    On February 4, 1982, the Social Security Administration informed Robinson of


    its intention to terminate his disability insurance and SSI benefits because the
    medical evidence indicated that Robinson became able to do "substantial
    gainful work" as of January 1982. On February 11, 1982, the Secretary
    requested additional information to supplement the information compiled
    pursuant to the April 1981 request. Robinson submitted a medical x-ray report,
    prepared by his physician, Dr. Alvin J. Tolosa, that indicated severe
    osteoarthritis of the cervical spine and minimal osteoarthritis in the shoulders
    and lumbosacral spine.

    At Robinson's request, a thirty-minute hearing was held before the


    Administrative Law Judge ("ALJ") on April 14, 1982. Robinson was not
    represented by counsel and presented only his own testimony. At the hearing,
    he testified that he suffers from arthritis that made it difficult to sleep, stoop

    and bend. He also testified that he suffers from chest pain, dizziness and
    fatigue, takes nitroglycerine capsules, Motrin, Lasiz, Dalmane and Valium and
    that he was hospitalized twice for high blood pressure and hemorrhages.
    7

    In a decision dated April 30, 1982, the ALJ found that Robinson did not have a
    medically severe impairment. The ALJ's decision included the findings that (1)
    Robinson suffers from "arthritis, essential hypertension under control, mild
    anxiety and depression, slight cardiac enlargement and mild hypertrophic
    spondylosis," (2) Robinson's condition, based on the medical evidence and his
    demeanor, is not disabling, and (3) Robinson failed to prove that on or after
    January 1982 he was suffering from a severe impairment. The ALJ found that
    because the appellant does not suffer from a severe impairment, he is not under
    a disability and is therefore capable of engaging in substantial gainful work.

    Robinson requested review of the ALJ's decision by the Appeals Council. In


    support of his application, Robinson submitted a letter dated May 10, 1982
    from his treating physician, Dr. Jovita Jaber, which stated that he was unable to
    perform any "fruitful labor." The Appeals Council admitted the Jaber letter into
    the record but denied the request for review and adopted the ALJ's decision
    which thus became the Secretary's final determination.

    Robinson appealed the decision of the Secretary to the District Court. In an


    order dated May 18, 1983, Judge Platt granted the Secretary's motion for
    judgment on the pleadings and denied Robinson's cross-motion. This appeal
    followed. Because we find that Robinson was not afforded a fair hearing, we
    reverse and remand to the Secretary for reconsideration consistent with this
    opinion.

    10

    Robinson raises three issues on appeal. First, he urges the court to adopt a
    position that would require the Secretary, in a cessation of benefits situation, to
    show a material improvement in the claimant's condition. Second, Robinson
    argues that he was not afforded a fair hearing because the ALJ failed to develop
    the record and adequately inform him of his right to counsel. Third, he asserts
    that the ALJ erred in ending her inquiry once she found that he did not suffer
    from a severe impairment.

    11

    As we agree with Robinson's second argument that he was not accorded a fair
    hearing, we find it unnecessary to consider his first and third arguments.

    12

    A court reviewing a Secretary's decision "must be satisfied that the claimant has
    had 'a full hearing under the Secretary's regulations and in accordance with the

    beneficient purposes of the Act.' " See Hankerson v. Harris, 636 F.2d 893, 895
    (2d Cir.1980) (quoting Gold v. Secretary of HEW, 463 F.2d 38, 43 (2d
    Cir.1972)). The claimant is entitled to be represented by counsel at the hearing
    and the ALJ must ensure that the claimant is aware of this right. See Cutler v.
    Weinberger, 516 F.2d 1282, 1286 (2d Cir.1975).
    13

    When a claimant is unrepresented, the ALJ has a duty to "scrupulously and


    conscientiously probe into, inquire of, and explore for all the relevant facts ...,"
    id., and the reviewing court must make a "searching investigation" of the record
    to ensure that the claimant's rights were protected, Gold v. Secretary of HEW,
    463 F.2d 38, 43 (2d Cir.1972). This is especially true in termination cases.
    After a review of the record before us, we conclude that Robinson was not
    afforded a fair hearing by reason of the ALJ's failure to develop the record.

    14

    The record is replete with instances where the claimant referred to missing
    documents and the ALJ failed to follow up the claimant's inquiries. For
    example, after agreeing to the admission into evidence of the fourteen
    documents contained in the Disability Unit file, the claimant was asked if he
    had any documents that he would like to submit. Robinson stated that he "had
    an X-ray and sent it in" but that he did not know if it was before the ALJ. The
    ALJ indicated that she did not have it but made no further inquiry. Further, at
    the close of the thirty-minute hearing, the claimant stated that there was a letter
    referring to arthritis and that he did not know why it was not before the ALJ.
    Earlier in the hearing Robinson referred to the letter and stated "[w]ell ma'am, I
    got this arthritis in the lower spine. That's when I sent the letter. I thought you
    would have it here. Because that was in my record."

    15

    In sum, the failure of the ALJ to develop the record fully and to afford
    Robinson, who was unrepresented by counsel, an adequate opportunity to do
    so, denied Robinson a fair hearing. Accordingly, we reverse the order of the
    district court with directions to remand the case to the Secretary for further
    proceedings consistent with this opinion. Thus, Robinson is to be reinstated as
    eligible for benefits retroactive to the date of termination, and awarded
    reasonable attorney's fees.

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