TaiLexi AI U.S. Case Law

Beulah Watson v. Joseph Califano, Jr., Secretary of Health, Education and Welfare

Beulah WATSON, Appellant, v. Joseph CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee

Beulah Watson v. Califano, 618 F.2d 18 (8th Cir. 1980)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
March 4, 1980
Docket
No. 79-1543
Judges
Gibson, Heaney, Per Curiam, Stephenson
Citations
618 F.2d 181980 U.S. App. LEXIS 19955

Opinion — Per Curiam

PER CURIAM.

Beulah Watson asks this Court to review the decision of the Secretary of Health, Education and Welfare denying her Social Security disability benefits. Although Mrs. Watson has only a fourth grade education, she can read and write and has worked as a waitress, seamstress and stock inventory clerk. Her claim for disability benefits is based on the assertion that, at least since May of 1975, she has been unable to do any kind of work because of pain in her back, hip and legs.

A treating orthopedist concluded in his September 16, 1975, report that Mrs. Watson’s only physical limitations were related to “heavy lifting, excessive stooping, squatting, bending, or prolonged weight bearing.” Approximately one month later, the same orthopedist concluded that he did “not believe [Mrs. Watson] would be able to resume gainful occupation.” This conclusion, *19 however, was found by the administrative law judge to be unsupported by medical findings. Furthermore, a consulting orthopedist concluded in his January 2, 1976, report that although Mrs. Watson should not be required to do heavy lifting, bending or stooping, she “would be able to perform some type of sedentary type work and possibly some light work.”

The administrative law judge reviewed this and other evidence and concluded that Mrs. Watson’s medical problems would not prevent her from performing the work of a stock inventory clerk, the last job she had. That work, the administrative law judge found, did not involve heavy lifting, bending or stooping — the activities that were precluded by Mrs. Watson’s disability. We have reviewed the record and are satisfied that the decision of the administrative law judge is supported by substantial evidence on the record as a whole.

This case is not free from doubt; because Mrs. Watson is sixty-four years of age and has a limited education and employment record, it will undoubtedly be difficult for her to find work. But this case is unlike other recent eases decided in this Circuit, see, e. g., Stephens v. Secretary of Health, Ed. & Welfare, 603 F.2d 36 (8th Cir. 1979);

Boyer v. Califano, 598 F.2d 1117 (8th Cir. 1979), since the administrative law judge specifically found that Mrs. Watson could return to her former occupation. If the administrative tribunal had merely concluded that Mrs. Watson could perform some type of light, and sedentary work, without reference to specific employment, we would have a different case.

One further matter needs to be considered. Subsequent to the decision of the administrative law judge, a third doctor examined Mrs. Watson and concluded that she had some disability but that she could engage in “sedentary type work as outlined by the Social Security guidelines.” Mrs. Watson now requests that we remand to the administrative law judge for consideration of this évidence. We decline to do so because the information contained in the additional medical report is essentially cumulative.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1987: 11989: 119872026peak 1987 · 1

Relies on it most ⓘ

  1. Buford Gowen v. Otis R855 F.2d 613 (8th Cir. 1989)
  2. Beeler v. Bowen833 F.2d 124 (8th Cir. 1987)

Most recent

  1. Buford Gowen v. Otis R855 F.2d 613 (8th Cir. 1989)
  2. Beeler v. Bowen833 F.2d 124 (8th Cir. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
May v. Stephens v. Sec'y of Health, Educ. & Welfare of the United States of Am., 603 F.2d 36 (8th Cir. 1979) 47
Boyer v. Califano, 598 F.2d 1117 (8th Cir. 1979) 8

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list