James Bentley v. Louis W. Sullivan, Sec'y of Health & Human Servs., 940 F.2d 651 (4th Cir. 1991). · Go Syfert
James Bentley v. Louis W. Sullivan, Sec'y of Health & Human Servs., 940 F.2d 651 (4th Cir. 1991). Cases Citing This Book View Copy Cite
37 citation events (8 in the last 25 years) across 13 distinct courts.
Strongest positive: Carpet Group International v. Oriental Rug Importers Ass'n, Inc. (ca3, 2000-09-08)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see" Carpet Group International v. Oriental Rug Importers Ass'n, Inc.
3rd Cir. · 2000 · signal: see · confidence high
See Callas v. Trane CAC, Inc., 776 F.Supp. 1117, 1119 (W.D.Va.1990), aff'd, 940 F.2d 651 (4th Cir.1991); see also Freeman v. County of Bexar, 142 F.3d 848, 852 (5th Cir.1998) (District Court has “obligation to review de novo the actual evidence on objected-to findings, but the District Court should not be compelled to ignore that the parties had a full and fair opportunity to present their best evidence to the magistrate judge”).
discussed Cited "see" Crawford v. TRW, INC.
E.D. Mich. · 1993 · signal: see · confidence high
See Barbe v. Great Atlantic & Pacific Tea Co., Inc., 722 F.Supp. 1257, 1260 (D.Md.1989), aff 'd, 940 F.2d 651 (4th Cir.1991), cert. denied — U.S. -, 112 S.Ct. 939 , 117 L.Ed.2d 109 (1992), in which the court explained the preemption analysis mandated by Allis-Chalmers and Lingle : Under a proper preemption analysis ... the first step is to recognize the essential elements of the state law tort claims, in this case defamation and intentional infliction of emotional distress, and against the elements so identified, determine whether the state law claim can be resolved without interpreting or d…
discussed Cited "see, e.g." Greenfield v. Schmidt Baking Co., Inc.
W. Va. · 1997 · signal: see, e.g. · confidence low
See, e.g., Barbe v. Great Atlantic & Pacific Tea Co., Inc., 722 F.Supp. 1257 (D.Md.1989) (finding that resolution of employer’s privilege defense would require interpretation of the CBA to determine the relative interests in the communication of the union, the employer and the employee where the communication was published only to the employee, two supervisors and the local union), af f'd mem., 940 F.2d 651 (4th Cir.1991), ce rt. denied, 502 U.S. 1059 , 112 S.Ct. 939 , 117 L.Ed.2d 109 (1992).
Retrieving the full opinion text from the archive…
James Bentley
v.
Louis W. Sullivan, Secretary of Health and Human Services
90-3198.
Court of Appeals for the Fourth Circuit.
Jul 26, 1991.
940 F.2d 651
Unpublished

940 F.2d 651
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
James BENTLEY, PLAINTIFF-APPELLANT,
v.
Louis W. SULLIVAN, Secretary of Health and Human Services,
DEFENDANT-APPELLEE.

No. 90-3198.

United States Court of Appeals, Fourth Circuit.

Submitted July 1, 1991.
Decided July 26, 1991.

Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. Cynthia D. Kinser, Magistrate Judge. (CA-89-75-B)

Joseph E. Wolfe, Wolfe & Farmer, Norton, Va., for appellant.

E. Montgomery Tucker, Assistant United States Attorney, Roanoke, Va., for appellee.

W.D.Va.

AFFIRMED.

Before K.K. HALL, MURNAGHAN and NIEMEYER, Circuit Judges.

OPINION

PER CURIAM:

1

James Bentley appeals from the magistrate judge's order upholding the Secretary's denial of Bentley's application for disability insurance benefits under the Social Security Act. Finding the Secretary's decision supported by substantial evidence, we affirm.

2

Because Bentley's insured status expired on June 30, 1982, the administrative law judge addressed whether he was totally disabled prior to that date. The evidence showed that in 1977 Bentley was diagnosed as having coal worker's pneumoconiosis with mild to moderate functional impairment subjectively but without objective evidence of significant respiratory impairment. He began receiving black lung benefits in 1977. In March 1980, Bentley was hospitalized for recurrent pain and palpitation. He was treated with medication and discharged with a final diagnosis of coronary artery disease with frequent angina and cardiac arrhythmia with recurrent cephalgia probably due to chronic sinus condition and chemical diabetes mellitus. Also in the record are the results of psychiatric evaluations performed in 1986 and 1988, including a form completed in 1986 showing that Bentley's condition met or equalled the listing for mental impairments contained in 20 C.F.R. Part 404, Subpart P, Appendix 1, Secs. 12.04 and 12.07 (affective disorders and somatoform disorders).

3

The administrative law judge found that prior to June 30, 1982, Bentley had impairments including pneumoconiosis, chest pain, and osteoarthritis which were, in combination, severe because they limited his ability to lift and carry and be exposed to coal dust. He found that the evidence failed to show that Bentley's mental disorders were in existence or significantly limited Bentley's abilities at the time he was last insured. The administrative law judge concluded that Bentley could perform medium work, so long as that work was not around respiratory irritants; he was unable to return to his past coal mine work. A vocational expert testified that a person with Bentley's limitations could perform jobs existing in significant numbers in the economy. The administrative law judge concluded that Bentley was not disabled.

4

Bentley argues on appeal that the administrative law judge erred in finding that the mental impairments diagnosed in 1986 did not prove the existence of a disability in 1982. He relies on Branham v. Heckler, 775 F.2d 1271 (4th Cir.1985), in which this Court held that under the Secretary's regulations mental retardation was defined as a lifelong condition, and that absent evidence of a change in intellectual functioning, test results showing retardation would relate back to an earlier date. Bentley has offered, however, no basis for concluding that all mental impairments are constant and unchanging. Mental status examinations conducted on Bentley in 1983 and 1984 showed him to be socially well adjusted, without restriction of daily activities, constriction of interests, or any inability to relate to others. He was found alert and oriented, with good memory. On this evidence the administrative law judge did not err in finding that Bentley did not suffer from a limiting mental impairment in 1982.

5

There was substantial evidence supporting the Secretary's finding that Bentley was not totally disabled by virtue of his exertional and nonexertional impairments as of June 1982. Accordingly, we affirm the judgment of the district court upholding the denial of benefits. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

6

AFFIRMED.