Chapter: II-1-100
Subject: OHA Circuit Court Case Reporter - December 1992 Update
Circuit Court Case Report (CCCR) is a compilation of Court Law on specific issues of interest to OHA adjudicators. The compilation is taken verbatim from the courts' opinions. The CCCR is a springboard for further legal research on particular issues and is an important tool for enhancing the defensibility of OHA decisions.
This transmittal reflects the HALLEX Release 2.A dated June 30, 1993. This is a complete new update of Volume I, Part 1.
This issuances incorporates the additions, deletions and revisions through December 1992.
IN GENERAL
We have updated case citations in all circuits and made editorial changes.
We have added cites for the pain and treating physician regulations in all circuits.
FIRST CIRCUIT
Under Duty to Develop Record, we added Heggarty v. Sullivan.
Under Pain, we deleted Bianchi v. Secretary of Health and Human Services, Evangelista v. Secretary of Health and Human Services, Frustaglia v. Secretary of Health and Human Services and Winn v. Heckler.
Under Physician Testimony - Treating Physician Opinion, we deleted Gonzales v. Secretary of Health and Human Services, Bianchi v. Secretary of Health and Human Services and Barrientos v. Secretary of Health and Human Services.
SECOND CIRCUIT
We added language to the table of contents in order to comply with the Stieberger v. Sullivan settlement order.
Under Acquiescence Rulings, we noted that AR 86-2R(2), Entitlement of a Deemed Widow When a Legal Widow is Entitled on the Same Earnings Record - Title II, Rosenburg v. Richardson, 538 F.2d 487 (2d Cir. 1976) and Capitano v. Secretary of HHS, 732 F.2 1066 (2d Cir. 1984) rescinded and replaced AR 86-2(2).
Under Duty to Develop Record, we added. Jones v Sullivan.
Under Miscellaneous - New Evidence Requiring Remand, we added Jones v. Sullivan.
THIRD CIRCUIT
Under Appeals Council Review, we added Williams v. Sullivan.
Under Combination of Impairments, we added Bailey v. Sullivan.
We created a new heading, Judicial Review, and included Bacon v. Sullivan.
Under Pain, we deleted Green v. Schweiker, Dobrowolsky v. Califano, Smith v. Califano, Kent v. Schweiker, Van Horn v. Schweiker, Podedworny v. Harris, Simmond v. Heckler, Taybron v. Harris and Rocco v. Heckler.
Under Physician Testimony - Treating Physician Opinion, we deleted Podedworny v. Harris, Kent v. Schweiker, Frankenfield v. Bowen, Rossi v. Califano, Gilliland v. Heckler, Dorf v. Bowen and Brewster v. Heckler.
Under Miscellaneous - Workers' Compensation Offset Provision, we added Sciarotta v. Bowen.
FOURTH CIRCUIT
Under Acquiescence Rulings, we added AR 92-3(4), What Constitutes a Significant Work-Related Limitation of Function, Branham v. Heckler, 775 F.2d 1271 (4th Cir. 1985), Flowers v. U.S. Department of Health and Human Services, 904 F.2 211 (4th Cir. 1990).
Under Appeals Council Review, we added Wilkins v. Secretary, Department of Health and Human Services.
We created a new heading, Medical Evidence - Conflicts in the Evidence, and included Murphy v. Bowen.
a) Under Pain, we added Thompson v. Sullivan and Walker v. Bowen.
b) Also, under Pain, we deleted the reference to Myers v. Califano cited in Foster v. Heckler.
Under Physician Testimony, we deleted Millner v. Schweiker and Coffman v. Bowen.
Under Miscellaneous - Substantial Gainful Activity, we added Garnett v. Sullivan.
FIFTH CIRCUIT
a) Under Acquiescence Rulings, we noted that AR 86-18R(5), Interpretation of the Deemed Marriage Provision - Title II, Woodson v. Schweiker, 656 F.2d 1169 (5th Cir. 1991), rescinded and replaced the AR 86-18(5).
b) Also, under Acquiescence Rulings, we deleted AR 88-7 (5), Evaluation of Loans of In Kind Support and Maintenance - Title XVI, Hickman v. Bowen, 803 F.2d 1377 (5th Cir. 1986). SSA rescinded AR 88-7(5) on September 8, 1992, because Social Security Ruling 92-8p reinterprets SSI policy to permit a householder's advance of food or shelter provided to a household member with the expectation of future repayment to be treated as the basis of a loan.
We created a new heading, Judicial Review, and included Brandyburg v. Sullivan.
Under Pain, we deleted Milam v. Bowen, Jones v. Heckler, Floyd v. Bowen, and Owens v. Heckler.
Under Physician Testimony, we deleted Floyd v Bowen and the reference to Bradley v. Bowen.
SIXTH CIRCUIT
Under Credibility, we added Cohen v. Secretary of Department of Health and Human Services.
Under Impairments - Chronic Fatigue Syndrome, we added Cohen v. Secretary of Department of Health and Human Services
Under Pain, we deleted Duncan v. Secretary of Health and Human Services, Siterlet v. Secretary of Health and Human Services and McCormick v. Secretary of Health and Human Services.
Under Physician Testimony - Treating Physician Opinion, we deleted Duncan v. Secretary of Health and Human Services, Hardaway v. Secretary of Health and Human Services and Nunn v. Bowen.
Under Reopening / Res Judicata, we added Harper v. Secretary of Health and Human Services.
Under Miscellaneous - Workers' Compensation Offset Provision, we added Merz v. Secretary of Health and Human Services.
SEVENTH CIRCUIT
Under Failure to Follow Prescribed Treatment, we added Ehrhart v. Secretary of Health and Human Services.
Under Impairments - Alcohol and Other Drug Abuse, we added Stambaugh on Behalf of Stambaugh v. Sullivan.
Under Pain, we deleted Sparks v. Bowen, Meredith v. Bowen, Veal v. Bowen and Walker v. Bowen.
Under Physician Testimony - Treating Physician Opinion, we deleted Allen v. Weinberger, Whitney v. Schweiker, Switzer v. Heckler, Garrison v. Heckler and Stephens v. Heckler.
Under Reopening / Res Judicata, we added Dugan v. Sullivan.
Under Vocational Factors - Past Relevant Work, we added Nolen v. Sullivan.
EIGHTH CIRCUIT
Under Failure to Follow Prescribed Treatment, we added Johnson v. Bowen.
Under Impairments - Alcohol and Other Drug Abuse, we added Lubinski v. Sullivan and Thompson v. Sullivan.
Under Medical Evidence, we added Gude v. Sulllivan.
a) Under Pain, we added Benskin v. Bowen.
b) Also, under Pain, we deleted Herbert v. Heckler, Rainey v. Bowen, Bolton v. Bowen and Hutsell v. Sullivan.
c) Under Pain - Subjective Complaints, we deleted Osborn v. Bowen and Brown v. Bowen.
a) Under Physician Testimony, we added Nelson v. Sullivan and Turley v. Sullivan.
b) Also, under Physicain Testimony, we deleted Douglas v. Bowen, Prince v. Bowen, Piercy v. Bowen and Henderson v. Sullivan.
Under Reopening / Res Judicata, we added Lewellen v. Sullivan.
Under Vocational Factors - Transferable Work Skills, we added Taylor v. Sullivan.
Under Vocational Factors - Vocational Experts, we added O'Leary v. Schweiker and Whitehouse v. Sullivan.
Under Miscellaneous - Failure to Raise Issue at Administrative Level, we added Weikert v. Secretary of Health and Human Services.
Under Miscellaneous - Sufficiency of Denial Notice, we added Davis v. Sullivan.
NINTH CIRCUIT
a) Under Acquiescence Rulings, we added AR 92-5(9), Meaning of the Term "Against Equity and Good Conscience" in the Rules for Waiver of Recovery of an Overpayment - Titles II and XVI, Quinlivan v. Sullivan, 916 F.2d 524 (9th Cir. 1990). b) Under Acquiescence Rulings, we also added AR 92-7(9), Effect of Initial Determination Notice Language on the Application of Administrative Finality - Titles II and XVI, Gonzales v. Sullivan, 914 F.2d 1197 (9th Cir. 1990).
Under Appeals Council Review, we added Overend v. Sullivan and Mines v. Sullivan.
Under Duty to Develop Record, we added Higbee v. Sullivan.
a) Under Pain, we deleted Copeland v. Bowen. .
b) Also, under Pain, we added Drouin v. Sullivan
a) Under Physician Testimony, we added Matney ex rel. Matney v. Sullivan. .
b) Also, under Physician Testimony, we deleted Murray v. Heckler, Kail v. Heckler, Winans v. Bowen, Sprague v. Bowen, McAllister v. Sullivan, Day v. Weinberger, Rhodes v. Schweiker and Weetman v. Sullivan
Under Miscellaneous - Substantial Gainful Activity, we added Katz v. Secretary of Health and Human Services.
TENTH CIRCUIT
Under Acquiescence Rulings, we added AR 92-6(10), Entitlement to a Trial Work Period Before Approval of an Award for Benefits and Before Twelve Months Have Elapsed Since Onset of Disability - Titles II and XVI, Walker v Secretary of Health and Human Services, 943 F.2d 1257 (10 Cir. 1991).
Under Duty to Develop Record, we added Musgrave v. Sullivan.
Under Medical Evidence, we added Flint v. Sullivan.
Under Medical-Vocational Guidelines (GRID), we added Huston v. Bowen and Gossett v. Bowen.
Under Pain, we deleted Gaston v. Bowen, Campbell v. Bowen, Huston v. Bowen and Nieto v. Heckler.
Under Vocational Factors - Significant Number of Jobs, we added Trimiar v. Sullivan.
Under Miscellaneous - Fraud or Similar Fault, we added Fowler v. Brown.
Under Miscellaneous - Completion of Psychiatric Review Technique Form, we added Bernal v. Bowen.
ELEVENTH CIRCUIT
a) Under Acquiescence Rulings, we noted that AR 86-19R(11), Interpretation of the Deemed Marriage Provision - Title II, Woodson v. Schweiker, 639 F.2d (5th Cir. 1981), rescinded and replaced the AR 86-19(11).
b) Also, under Acquiescence Rulings, we added AR 92-4(11), Judicial Review of an Administrative Law Judge (ALJ) Decision, Bloodsworth v. Heckler, 703 F.2d 1233 (11th Cir. 1983).
Under Medical -Vocational Guidelines (GRID) - Effect of Nonexertional Impairments, we added Marbury v. Sullivan and Passopulos v. Sullivan.
Under Pain, we deleted McRoberts v. Bowen and Walker v. Bowen.
Under Physician Testimony, we deleted Schorr v. Bowen, Kirkland v. Weinberger, Bloodsworth v. Heckler, Jones v. Bowen, Johns v. Secretary of Health and Human Services, McSwain v. Bowen and Hillsman v. Bowen.
Under Reopening / Res Judicata, we added Passopulos v. Sullivan.
Under Vocational Factors, we added Marbury v. Sullivan.
DISTRICT OF COLUMBIA CIRCUIT
a) Under Pain, we deleted Brown v. Bowen.
b) Also, under Pain - Subjective Complaints, we deleted Cunningham v. Heckler and Narrol v. Heckler.
Remove the CCCR issued in February 1992.
Insert the updated CCCR in the designated binder for Volume II, Part 1.
Date: June 30, 1993