Milton Goodley v. Patricia Roberts Harris, Sec'y of Health, Educ. & Welfare, 608 F.2d 234 (5th Cir. 1979). · Go Syfert
Milton Goodley v. Patricia Roberts Harris, Sec'y of Health, Educ. & Welfare, 608 F.2d 234 (5th Cir. 1979). Cases Citing This Book View Copy Cite
59 citation events (17 in the last 25 years) across 14 distinct courts.
Strongest positive: Lovelace v. SSA (txed, 2020-03-18)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (rule) Lovelace v. SSA
E.D. Tex. · 2020 · confidence medium
However, it is fundamental that “[t]he ALJ cannot reject a medical opinion without an explanation.” Kneeland, 850 F.3d at 760 (brackets in original) (citing Loza v. Apfel, 219 F.3d 378, 395 (5th Cir. 2000); Strickland v. Harris, 615 F.2d 1103, 1110 (5th Cir. 1980); Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979)). 4 In this case, the ALJ specifically referenced Dr. Grant’s report as discussed above.
discussed Cited as authority (rule) Smith v. Berryhill
N.D. Tex. · 2019 · confidence medium
Kneeland further counsels that “the regulations make clear that opinions from examining physicians must be considered” and that “fundamentally, the ALJ cannot reject a medical opinion without explanation.” Kneeland, 850 F.3d at 760 (citing Loza v. Apfel, 219 F.3d 378, 395 (5th Cir. 2000); Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979)) (internal quotation marks and brackets omitted).
discussed Cited as authority (rule) Zolia Richard v. Michael Astrue, Commissioner
5th Cir. · 2012 · confidence medium
The second ALJ justified its rejection of Dr. Adams’s opinion by explaining tersely that Z.N.F. “was able to function in school and play age appropriately.” See Loza v. Apfel, 219 F.3d 378, 395 (5th Cir.2000) (holding that an ALJ cannot reject a medical opinion without an explanation); Strickland v. Harris, 615 F.2d 1103, 1110 (5th Cir.1980) (“An administrative law judge may not arbitrarily reject uncontroverted medical testimony.” (citing Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979))).
discussed Cited as authority (rule) Langley v. Astrue
N.D. Ala. · 2011 · confidence medium
This Court has often reversed decisions of the Secretary finding no disability where the uncontradicted medical evidence indicates that the claimant is disabled. *1258 Goodley v. Harris, 608 F.2d 234, 236-37 (5th Cir.1979) (bold italics indicate portion quoted by plaintiffs attorney).
cited Cited as authority (rule) Quintanilla v. Astrue
S.D. Tex. · 2008 · confidence medium
Goodley v. Harris, 608 F.2d 234, 236-37 (5th Cir.1979) (citing Mims v. Califano, 581 F.2d 1211 (5th Cir.1978)).
discussed Cited as authority (rule) Hector v. Barnhart
S.D. Tex. · 2004 · confidence medium
Nonetheless, “[t]he ALJ cannot reject a medical opinion without an explanation.” Loza, 219 F.3d at 395 (citing Strickland v. Harris, 615 F.2d 1103, 1110 (5th Cir.1980); Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979)).
cited Cited as authority (rule) McNabb v. Barnhart
M.D. Ala. · 2003 · confidence medium
Walden v. Schweiker, 672 F.2d 835, 839 (11th Cir.1982), citing Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
cited Cited as authority (rule) Loza v. Apfel
5th Cir. · 2000 · confidence medium
See Strickland v. Harris, 615 F.2d 1103, 1110 (5th Cir.1980); Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
cited Cited as authority (rule) CUEVAS ON BEHALF OF JUARBE v. Callahan
M.D. Fla. · 1998 · confidence medium
Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
cited Cited as authority (rule) Sabo v. Chater
M.D. Fla. · 1996 · confidence medium
Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
discussed Cited as authority (rule) Kent v. Sullivan
N.D. Ala. · 1992 · confidence medium
In Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979), the court held that while expert medical opinions are not binding on the AU “he may not arbitrarily choose to ignore uncontroverted medical testimony.” The AU placed her reliance on the opinion of Dr. Mary Altz-Smith, a consultative physician, that degenerative changes in the plaintiff’s knee and back would prevent sedentary work.
cited Cited as authority (rule) Dean v. Sullivan
M.D. Fla. · 1990 · confidence medium
Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
cited Cited as authority (rule) Hogard v. Sullivan
M.D. Fla. · 1990 · confidence medium
Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
cited Cited as authority (rule) Aurednick v. Sullivan
M.D. Fla. · 1990 · confidence medium
Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
discussed Cited as authority (rule) Burnside ex rel. Burnside v. Bowen
5th Cir. · 1988 · confidence medium
As in other cases claiming disability benefits, “the claimant bears the heavy burden of establishing the existence of a disability within the meaning of the Act, and this Court will rarely overturn the decision of the Secretary.” Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
discussed Cited as authority (rule) Burnside v. Bowen
5th Cir. · 1988 · confidence medium
III. 34 As in other cases claiming disability benefits, "the claimant bears the heavy burden of establishing the existence of a disability within the meaning of the Act, and this Court will rarely overturn the decision of the Secretary." Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
cited Cited as authority (rule) Paul R. JERABEK, Sr., Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee
11th Cir. · 1984 · confidence medium
Strickland v. Harris, 615 F.2d 1103 (5th Cir.1980); Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
discussed Cited as authority (rule) Bolles v. Schweiker
N.D. Tex. · 1984 · confidence medium
Although the Plaintiff bears the heavy burden of establishing the existence of a disability within the meaning of the Act, and this Court will rarely overturn the decision of the Secretary, “[nevertheless, this Court is obligated to scrutinize the record in its entirety to determine the reasonableness of the Secretary’s decision.” Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979) [citing Davis v. Califano, 599 F.2d 1324 (5th Cir.1979) ].
discussed Cited as authority (rule) Talifson v. Secretary of Health & Human Services
D. Mont. · 1982 · confidence medium
In Goodley v. Harris, 608 F.2d 234, 236-237 (5th Cir.1979), the court held: While such uncontradicted expert opinions on the ultimate issue are not binding on the administrative law judge, he may not arbitrarily choose to ignore uncontroverted medical testimony....
discussed Cited as authority (rule) Powell v. Schweiker
M.D. Fla. · 1981 · confidence medium
Although the ALJ may not arbitrarily ignore evidence pointing solely to a finding of disability, Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979), where plaintiff introduces no medical evidence to the contrary, he has not met his burden of showing that the decision of the ALJ was unsupported by substantial evidence.
cited Cited as authority (rule) Shelton v. Schweiker
E.D. Tex. · 1981 · confidence medium
Western v. Harris, 633 F.2d 1204, 1207 (5th Cir. 1981); Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979); Mims v. Califano, 581 F.2d 1211, 1213 (5th Cir. 1978).
cited Cited as authority (rule) Williams v. Harris
E.D. Tex. · 1980 · confidence medium
Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979); Mims v. Califano, 581 F.2d 1211, 1213 (5th Cir. 1978).
discussed Cited as authority (rule) Fields v. Harris
N.D. Ga. · 1980 · confidence medium
The Fifth Circuit has held that such expert opinions cannot be ignored by the Secretary, Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979), and has remanded the cases in which the conclusions of the doctors are uncontradicted.
discussed Cited as authority (rule) Catherine B. Carter v. Patricia Roberts Harris, Secretary of Health, and Human Resources, Social Security Administration, United States of America
5th Cir. · 1980 · confidence medium
Our review is limited to determining whether the record, as a whole, contains substantial evidence to support the Secretary’s decision. 42 U.S.C.A. § 405 (g); Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979); White v. Harris, 605 F.2d 867, 869 (5th Cir. 1979).
cited Cited as authority (rule) Priscilla H. Watts v. Patricia Roberts Harris, Secretary of Health and Human Resources
5th Cir. · 1980 · confidence medium
This Court may not “decide the facts anew or substitute its judgment as to the weight of the evidence for that of the Secretary.” Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979).
cited Cited as authority (rule) Henry Harrell, Jr. v. Patricia Roberts Harris, Secretary of Health and Human Resources
5th Cir. · 1980 · confidence medium
Id.; Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979).
discussed Cited "see" Compton v. Astrue
M.D. Fla. · 2009 · signal: see · confidence high
See Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979) (citations omitted). 3 If the Commissioner committed an error of law, the case must be remanded to the Commissioner for application of the correct legal standard.
cited Cited "see" Morrison v. Barnhart
M.D. Fla. · 2003 · signal: see · confidence high
See Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
discussed Cited "see" John Weathersby v. Secretary of Health and Human Services
6th Cir. · 1988 · signal: see · confidence high
See Goodley v. Harris, 608 F.2d 234, 236-37 (5th Cir.1979); see also Day v. Weinberger, 522 F.2d 1154, 1156 (9th Cir.1975) (indicating that the uncontradicted opinion of an expert may be rejected by the examiner only for "clear and convincing" reasons). 9 We have some difficulty with the Appeals Council's rejection of Hranilovich's report.
discussed Cited "see" Jesus MONTIJO, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
9th Cir. · 1984 · signal: see · confidence high
See Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979) (physician’s report disclosing no physical impairment does not support a rejection of a psychiatrist’s diagnosis of a disabling neurosis); Behnen v. Califano, 588 F.2d 252, 254 (8th Cir.1978) (reversal of nondisability finding for failure to properly consider the evidence from one physician of a psychiatric disorder, even though other physicians’ reports showed no physical disability).
cited Cited "see" Anderson v. Secretary of Health and Human Services
D. Mass. · 1984 · signal: see · confidence high
See Goodley v. Harris, 608 F.2d 234, 236 (5th Cir.1979).
discussed Cited "see" William C. Epps v. Patricia Roberts Harris, Secretary, Department of Health and Human Services
5th Cir. · 1980 · signal: see · confidence high
While the physicians’ opinions and the VA’s decision that Epps was disabled and could not perform his previous jobs are of course not binding on the Secretary, 7 they are evidence “entitled to great weight.” DePaepe v. Richardson, 464 F.2d at 101 (noting significance of VA finding of disability); see Goodley v. Harris, 608 F.2d at 236-37 (observing that an AU may not arbitrarily ignore uncontroverted medical testimony and suggesting that where there is medical evidence of disability the government cannot deny disability benefits without some medical opinion that claimant is in fact cap…
discussed Cited "see, e.g." Wade v. Social Security Administration, Commissioner
N.D. Ala. · 2019 · signal: see also · confidence low
As the Eleventh Circuit has instructed “[s]uch silence is equally susceptible to either [disability] inference, therefore, no inference should be taken.” Lamb v. Bowen, 847 F.2d 698, 703 (11th Cir. 1988); see also Walden v. Schweiker, 672 F.2d 835, 839 (11th Cir. 1982) (“An administrative law judge may not arbitrarily reject uncontroverted medical testimony.”) (citing Goodley v. Harris, 608 F.2d 234 (5th Cir. 1979)).16 The ALJ relied on no medical opinion in concluding that Ms. Wade could physically handle medium work.
cited Cited "see, e.g." Olivia Kneeland v. Nancy Berryhill, Acting Cmsnr
5th Cir. · 2017 · signal: see also · confidence medium
Loza v. Apfel, 219 F.3d 378, 395 (5th Cir. 2000) (citing Strickland v. Harris, 615 F.2d 1103, 1110 (5th Cir. 1980)); see also Goodley v. Harris, 608 F.2d 234, 236 (5th Cir. 1979). 55 .
cited Cited "see, e.g." Joey B. Allen v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant
5th Cir. · 1981 · signal: see, e.g. · confidence low
See, e. g., Goodley v. Harris, 608 F.2d 234 (5th Cir. 1979); Simmons v. Harris, 602 F.2d 1233 (5th Cir. 1979). *801 In this case, there is substantial evidence to support the Secretary’s decision.
discussed Cited "see, e.g." Herbert H. Warncke v. Patricia Roberts Harris, Secretary, Department of Health and Human Services
5th Cir. · 1980 · signal: compare · confidence medium
Compare Goodley v. Harris, 608 F.2d 234, 236-37 (5th Cir. 1979) (reviewing physicians’ opinions ignored uncontroverted evidence about claimant’s psychological disability); Johnson v. Harris, 612 F.2d 993, 998 (5th Cir. 1980) (record does not show that reviewing physicians’ opinions were based upon adequate acceptable evidence).
Retrieving the full opinion text from the archive…
Milton GOODLEY, Plaintiff-Appellant,
v.
Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee
79-2567.
Court of Appeals for the Fifth Circuit.
Dec 14, 1979.
608 F.2d 234
Joseph Jake Fontenot, Mamou, La., for plaintiff-appellant., Leven H. Harris, Asst. U. S. Atty., Shreveport, La., for defendant-appellee.
Gee, Henderson, Hatchett.
Cited by 46 opinions  |  Published
HATCHETT, Circuit Judge:

Milton Goodley appeals from a judgment of the district court affirming a final decision of the Secretary of Health, Education and Welfare denying Goodley’s application for the establishment of a period of disability under section 216 of the Social Security Act, 42 U.S.C. § 416(i). He also seeks disability insurance benefits under § 223 of the Act, 42 U.S.C. § 423, and Supplemental Security Income under § 1614(a)(3)(A) of the Act. Because the decision of the Secretary is not supported by substantial evidence on the record as a whole, we reverse.

Appellant is a 41 year old male with a ninth grade education. He has worked as a common laborer for a plywood company, as a carpenter’s helper, and as an orderly in a hospital. Since 1969, he has suffered from chest pains, headaches, and dizziness. For the past several years he has been treated for these pains, but medication has been unsuccessful. When problems worsened during November of 1977, he discontinued his employment with the plywood company. Appellant testified that he experiences pain at times even when lying down or sitting, that he cannot mow the lawn without having dizziness, headaches and chest pains, that he has trouble doing housework, and that walking often causes him to get “short of breath.” He takes several pills daily for his pain and nervous condition, including Thorazine, Lotsatain, Indorel, and Fena-phin.

At the administrative hearing, Dr. Per-ron, a general practitioner, testified that appellant has an abnormal EKG, and that tests show evidence of left ventricular enlargement due to hypertension. However, Dr. Perron believes that appellant’s problems are due to tension and anxiety, rather than a “heart problem.” The doctor testified that appellant is incapable of doing any physical activity and that even some sedentary work may be too stressful for him to handle.

The report prepared by Dr. Philip Landry, a psychiatrist, reflects that appellant suffers from a chronic anxiety neurosis, which is probably the primary cause of the chest pain. The report also states that for the immediate future he is probably disabled and unable to work. In all likelihood, he can become socially productive if granted the financial means to obtain psychiatric intervention.

Although the administrative law judge found that appellant suffers from chest pains, the judge concluded that there was insufficient evidence, from a physical or psychological standpoint, to support a finding of disability. Further, the administrative law judge noted that he gave serious consideration to the opinion of Dr. Landry that appellant needs some financial free time for psychiatric intervention. Al[*236] though the judge stated that “[t]his could possibly be the best course for the claimant,” he concluded that “a finding in appellant’s favor could also support his feeling that he is disabled and further finalize this opinion about himself.” The judge believed that appellant could be benefited most by becoming active; and consequently, the appellant was denied disability benefits. [1]

The sole issue is whether the findings of the Secretary are supported by competent and substantial evidence. After a careful review of the record, we hold that the conclusion that appellant is not disabled within the purview of the Social Security Act is not supported by the evidence.

This Court’s function is limited to determining whether the Secretary’s findings are supported by substantial evidence in the record as a whole. 42 U.S.C. § 405(g); see also Newborn v. Harris, 602 F.2d 105 (5th Cir. 1979). This Court is not at liberty to decide the facts anew or substitute its judgment as to the weight of the evidence for that of the Secretary. Williams v. Finch, 440 F.2d 613 (5th Cir. 1971). Further, the claimant bears the heavy burden of establishing the existence of a disability within the meaning of the Act, [2] and this Court will rarely overturn the decision of the Secretary. See, McDaniel v. Califano, 568 F.2d 1172 (5th Cir. 1978); Turner v. Califano, 563 F.2d 669 (5th Cir. 1977); Gaultney v. Wein-berger, 505 F.2d 943 (5th Cir. 1974). Nevertheless, this Court is obligated to scrutinize the record in its entirety to determine the reasonableness of the Secretary’s decision. Davis v. Califano, 599 F.2d 1324 (5th Cir. 1979). We find that the record before us does not contain substantial evidence to support the Secretary’s decision. [3]

The medical evidence that appellant is disabled is without contradiction in the record. That appellant’s malady is largely psychological rather than physical is also uncontradicted. Dr. Perron stated succinctly “[tjension and anxiety is what I think his basic problem is.” The doctor opined that appellant is incapable of performing any manual labor, and that even some sedentary work might be too stressful for him to handle. Dr. Landry diagnosed appellant’s problem as “chronic anxiety neurosis.” He was also of the opinion that appellant was unable to work. Dr. Landry suggested that appellant would probably become socially productive again if he were able to receive psychiatric treatment.

The finding that appellant is not disabled lacks support in the record. In his report, the judge mentioned the opinions of Drs. Perron and Landry. While such uncontradicted expert opinions on the ultimate issue are not binding on the administrative law judge, he may not arbitrarily choose to ignore uncontroverted medical testimony. Mims v. Califano, 581 F.2d 1211 (5th Cir. 1978). At least one circuit has held that where there is medical proof of disability, the government cannot deny disability benefits without some medical opinion that in fact the claimant is capable of gainful employment. O’Bryan v. Weinberger, 511 F.2d 68 (6th Cir. 1975). This Court has often reversed decisions of the Secretary finding no disability where the uncon-[*237] tradicted medical evidence indicates that the claimant is disabled. Mims v. Califano, 581 F.2d 1211; Payne v. Weinberger, 480 F.2d 1006 (5th Cir. 1973); Williams v. Finch, 440 F.2d 613 (5th Cir. 1971).

We recognize that Dr. Perron also stated that from a pure physical standpoint, appellant should be able to function as well as anyone else. We have reached the stage, however, where we understand that the mind and body are interrelated to the extent that a troubled mind can disable a healthy body. As was stated by one of our sister courts:

The fracture of a limb is a matter of easy demonstration. The fracture of that delicate but complex conglomerate of elusive and variable components termed the human mind is not so easily demonstrable even though the resultant disability may be every bit as devastating as the physical trauma in its impact. While much distance has yet to be travelled, there has been an emergence from the darkness of thinking that it is only the gibbering idiot who cannot control the exercise of his will by simply putting his mind to it. Unfortunately there is still much blurring of the boundaries between those who have lost control and those who could but choose not to control, confusion between medical hysteria and hysterical actions, and failure to differentiate between hy-pochondriacal neurosis and malingering with hypochondriacal manifestations. It is primarily to the psychiatrist or psychoanalyst to whom we must turn . for the ‘medically acceptable clinical and laboratory diagnostic techniques’. . Hassler v. Weinberger, 502 F.2d 172, 176 (7th Cir. 1974).

We are confident that those who would malinger when they have the ability, both mentally and physically, to engage in gainful employment, will be exposed. Here, there is no evidence that appellant is a malingerer; instead, all the evidence presented supports appellant’s assertion of a true disability within the meaning of the Act. In the absence of evidence in the record that appellant can engage in some kind of gainful employment, we are unable to hold that the Secretary’s denial of benefits is supported by substantial evidence. We remand this case to the district court so that it may issue an appropriate order directing the Secretary to grant appellant the disability benefits to which he is entitled, in accordance with this opinion.

REVERSED AND REMANDED.

1

. We note at the outset that the administrative law judge substituted his lay opinion as to what is the best “treatment” for appellant for that of the medical expert. This practice was frowned upon in Williams v. Richardson, 458 F.2d 991, 992 (5th Cir. 1972), and may constitute reversible error in the proper case.

2

. In order to qualify for disability benefits under the Act, a claimant must show, first, that he is suffering from a medically determinable physical or mental impairment, and second, that due to this impairment, he is unable to engage in any substantial gainful activity. See 42 U.S.C. § 423(d)(3); Mims v. Califano, 581 F.2d 1211 (5th Cir. 1978).

[A] “physical or mental impairment” is an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. 42 U.S.C. § 423(d)(3).

3

. Substantial evidence has been defined as “more than a scintilla.” It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Consolidated Edison Co. v. N. L. R. B., 305 U.S. 197, 59 S.Ct. 206, 83 L.Ed. 126 (1938).