Hazel Totten v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 624 F.2d 10 (4th Cir. 1980). · Go Syfert
Hazel Totten v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 624 F.2d 10 (4th Cir. 1980). Cases Citing This Book View Copy Cite
“an individual does not have to be totally helpless or bedridden in order to be found disabled under the social security act, otherwise, the ability to perform substantial gainful activity even one day each month or each year would disqualify an individual for benefits.”
36 citation events (24 in the last 25 years) across 17 distinct courts.
Strongest positive: Saunders v. Berryhill (vaed, 2020-01-08)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
examined Cited as authority (quoted) Saunders v. Berryhill
E.D. Va. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
an individual does not have to be totally helpless or bedridden in order to be found disabled under the social security act, otherwise, the ability to perform substantial gainful activity even one day each month or each year would disqualify an individual for benefits.
discussed Cited as authority (quoted) Mims v. Berryhill
W.D.N.C. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
an individual does not have to be totally helpless or bedridden in order to be found disabled under the social security act
discussed Cited as authority (rule) Langworthy v. Perky
E.D. Wash. · 2024 · confidence medium
“An affidavit filed pursuant to [28 7 U.S.C. § 144 ] is not legally sufficient unless it specifically alleges facts that fairly 8 support the contention that the judge exhibits bias or prejudice directed toward a 9 party that stems from an extrajudicial source.” United States v. Sibla, 624 F.2d 10 864, 868 (9th Cir. 1980). 11 While Plaintiff filed an affidavit, Plaintiff contends the Court is biased based 12 on actions taken within Plaintiff’s cases.
cited Cited as authority (rule) Rose v. Saul
E.D.N.C. · 2020 · confidence medium
Califano, 624 F.2d 10, 11 (4th Cir. 1980).
discussed Cited as authority (rule) BURTON v. SAUL
M.D.N.C. · 2020 · confidence medium
Next, Plaintiff argues that the “‘wide range of activities’” performed by Plaintiff, as relied upon by the ALJ, “do[es] not indicate that [Plaintiff] would be able to work.” (Docket Entry 12 at 6 (quoting Tr. 29).) More specifically, Plaintiff maintains that her church attendance, visits with her brother, and care of tomato plants does not conflict with her “also experiencing multiple days of debilitating headache pain a month,” noting that “an individual does not have to be bedridden everyday in order to receive disability benefits.” (Id. (citing Totten v. Califano, 624 F.…
discussed Cited as authority (rule) Thomas v. Berryhill
S.D.W. Va · 2018 · confidence medium
Importantly “[t]he ‘continuous period’ language of § 423(d)(1)(A) does not require a claimant to show an inability to engage in any substantial gainful activity every day of [her] existence.” , 624 F.2d 10, 12 (4th Cir. 1980).
discussed Cited as authority (rule) Parker v. Astrue
D.S.C. · 2009 · confidence medium
In the absence of inconsistency between the medical records and testimony regarding Plaintiffs abilities, “[a]n individual does not have to be totally helpless or bedridden in order to be found disabled under the Social Security Act.” Totten v. Califano, 624 F.2d 10, 11 (4th Cir.1980).
cited Cited as authority (rule) Tyrone Muhammad v. Shirley S. Chater, Commissioner of Social Security
4th Cir. · 1995 · confidence medium
Totten v. Califano, 624 F.2d 10, 11 (4th Cir.1980).
cited Cited as authority (rule) Tim Riley v. Shirley S. Chater, Commissioner of Social Security
4th Cir. · 1995 · confidence medium
Totten v. Califano, 624 F.2d 10, 11 (4th Cir.1980).
discussed Cited as authority (rule) Ofelia S. Miller v. Secretary of Health and Human Services (2×) also: Cited "see"
9th Cir. · 1993 · signal: cf. · confidence medium
See Kornock, 648 F.2d at 527 ; cf. Totten, 624 F.2d at 11-12 (claimant experienced muscle spasms every two weeks causing headaches and dizziness lasting three days). 10 The vocational expert, Dr. Torrez, testified that Miller's assembly work constituted past relevant work.
discussed Cited as authority (rule) Prill v. Schweiker
N.D. Ill. · 1982 · confidence medium
Under the “continuous period” language of § 423(d)(1)(A) a claimant is not required to demonstrate “an inability to engage in any substantial gainful activity every day of his life.” Gronbeck v. Schweiker, 534 F.Supp. 642, 645 (D.S.D.1982); Totten v. Califano, 624 F.2d 10, 11 (4th Cir. 1980).
cited Cited as authority (rule) Gronbeck v. Schweiker
D.S.D. · 1982 · confidence medium
Totten v. Califano, 624 F.2d 10, 11 (4th Cir. 1980).
cited Cited as authority (rule) Wander v. Schweiker
D. Maryland · 1981 · confidence medium
See, e.g., Smith v. Califano, 637 F.2d 968, 971-72 (3d Cir. 1981); Totten v. Califano, 624 F.2d 10, 11-12 (4th Cir. 1980).
cited Cited as authority (rule) Patane v. Harris
E.D. Pa. · 1981 · confidence medium
Smith v. Califano, 637 F.2d 968, 970 (3d Cir., 1981); Totten v. Califano, 624 F.2d 10, 12 (4th Cir. 1930); Markham v. Califano, 601 F.2d 533, 534 (10th Cir. 1979).
discussed Cited "see" Baisden v. O'Malley
S.D.W. Va · 2024 · signal: see · confidence high
See Totten v. Califano, 624 F.2d 10, 12 (4th Cir. 1980) (disfavoring evidence of sporadic, transitory, or restricted activity as the basis for finding of substantial gainful activity).
discussed Cited "see" Morgan v. Barnhart, Comm (2×)
4th Cir. · 2005 · signal: see · confidence high
See Trotten v. Califano, 624 F.2d 10, 11-12 (4th Cir.1980) (“An individual does not have to be totally helpless or bedridden in order to be found disabled under the Social Security Act, otherwise, the ability to perform substantial gainful activity even one day each month or each year would disqualify an individual for benefits.” (citations omitted)); see also Waters v. Bowen, 709 F.Supp. 278, 284 (D.Mass.1989) (collecting cases where light housework and hobbies like crocheting did not disqualify claimants as disabled).
cited Cited "see, e.g." Schlarb v. Saul
W.D.N.C. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Totten v. Califano, 624 F.2d 10, 12 (4th Cir. 1980).
cited Cited "see, e.g." Foust v. Saul
W.D.N.C. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Totten v. Califano, 624 F.2d 10, 12 (4th Cir. 1980).
discussed Cited "see, e.g." O'NEILL v. Astrue
D. Minnesota · 2011 · signal: see also · confidence medium
“A finding that a claimant is able to engage in substantial gainful activity requires more than a simple determination that the claimant can find employment and that he can physically perform certain jobs; it also requires a determination that the claimant can hold whatever job he finds for a significant period of time.” Singletary v. Bowen, 798 F.2d 818, 822 (5th Cir.1986) (emphasis in original); see also Totten v. Califano, 624 F.2d 10, 12 (4th Cir.1980) (claimant’s incapacitation for periods of three days during every two weeks with medical impairments and effects expected to last at …
discussed Cited "see, e.g." Becker v. Astrue
S.D. Iowa · 2009 · signal: see also · confidence medium
As the Court, in Dix wrote: “A finding that a claimant is able to engage in substantial gainful activity requires more than a simple determination that the claimant can find employment and that he can physically perform certain jobs; it also requires a determination that the claimant can hold whatever job he finds for a significant period of time.” Singletary v. Bowen, 798 F.2d 818, 822 (5th Cir.l986)(emphasis in original); see also Totten v. Califano, 624 F.2d 10, 12 (4th Cir.l980)(claimant’s incapacitation for periods of three days during every two weeks with medical impairments and ef…
discussed Cited "see, e.g." ZARKOWSKI v. Barnhart
D.S.C. · 2006 · signal: see also · confidence low
Higginbotham v. Califano, 617 F.2d 1058, 1060 (4th Cir.1980) (claimant's ability to do housework and shop does not establish that she can engage in gainful activity); Cornett v. Califano, 590 F.2d 91, 94 (4th Cir.1978) ("The ability to work only a few hours a day or to work only on an intermittent basis is not the ability to engage in 'substantial gainful activity.' "); see also Totten v. Califano, 624 F.2d 10 (4th Cir.1980) ("An individual does not have to be totally helpless or bedridden in order to be found disabled under the Social Security Act.'').
discussed Cited "see, e.g." Joan K. DIX, Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, Appellee
8th Cir. · 1990 · signal: see also · confidence medium
“A finding that a claimant is able to engage in substantial gainful activity requires more than a simple determination that the claimant can find employment and that he can physically perform certain jobs; it also requires a determination that the claimant can hold whatever job he finds for a significant period of time.” Singletary v. Bowen, 798 F.2d 818, 822 (5th Cir.1986) (emphasis in original); see also Totten v. Califano, 624 F.2d 10, 12 (4th Cir.1980) (claimant’s incapacitation for periods of three days during every two weeks with medical impairments and effects expected to last at …
Retrieving the full opinion text from the archive…
Hazel TOTTEN, Appellant,
v.
Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee
78-1204.
Court of Appeals for the Fourth Circuit.
Apr 30, 1980.
624 F.2d 10
Dennis W. Carroll, Baltimore, Md. (Dennis M. Sweeney, Administrative Law Center, Legal Aid Bureau, Inc., Baltimore, Md., on brief), for appellant., Natalie R. Dethleff, Dept, of HEW (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Russell T. Baker, Jr., U. S. Atty., Baltimore, Md., on brief), for appel-lee.
Bryan, Widener, Sprouse.
Cited by 34 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #46,332 of 633,719
Citer courts: W.D. North Carolina (1) · E.D. Virginia (1)
SPROUSE, Circuit Judge:

Claimant, Hazel Totten, appeals from an order of the district court affirming a final decision of the Secretary of Health, Education and Welfare denying her disability insurance benefits. Since the Administrative Law Judge’s (ALJ) decision is premised on an incorrect statement of the standard of disability, we vacate the judgment of the district court and remand the case to the Secretary for further proceedings consistent with this opinion.

Totten is 53 years of age. She was employed as a bookkeeper for seven years until 1963. She was then unemployed for five years due to an injury received in a fall. That injury to her right arm and neck required surgery on her elbow and neck. She worked from 1968 to 1974, alternating “four-hour” and “two-hour” days at a cafeteria. She has worn a neck brace since 1964 and has also been bothered by back trouble since that time. All of the medical testimony indicates that Totten’s injuries are permanent and severe. The evidence was conclusive and the ALJ found that she could not perform any work requiring lifting, significant amounts of bending, stooping, pushing or pulling, or long standing or walking, and that she was prevented from performing work requiring her to use her[*11] arms above shoulder level on a continuous basis. One of the doctors stated she would be capable of performing some type of light work if such work were available. A vocational expert testified that she could return to her former work as a bookkeeper or accounting clerk and stated that a number of such jobs existed in the area where Tot-ten lives. The testimony of Totten, lay witnesses, and doctors established that she experiences muscle spasms approximately every two weeks causing headaches and dizziness, and that this usually lasts for a period of three days. She sometimes “passes out” as a result of this condition.

Totten contacted Vocational Rehabilitation but was told that they were unable to find work which she could perform. She also applied to Social Services, which was also unsuccessful in finding employment for her. The ALJ stated in his evaluation of the evidence “that the claimant in this case is well motivated as evidence by her attempts to secure light work as well as by her contact with Vocational Rehabilitation and Social Services. Unfortunately, however, the claimant was unable to procure the type of work within her limitations.”

The ALJ also acknowledged that there are possible transient periods when the claimant would be prevented from performing any type of work because of the periodic pain and discomfort she experiences, but nonetheless concluded that Totten failed to establish a disability as that term is defined by the Act. In evaluating the evidence, the ALJ stated:

While it is recognized and acknowledged that there are possible transient periods wherein the claimant would be prevented from performing any type of work because of the pain and discomfort she experiences, the overall medical evidence of record indicates that her condition is not so severe so as to prevent her from performing the types of jobs described by the Vocational Expert for a continuous period of at least 12 months. Since the medical evidence fails to establish that the claimant was under a disability for at least 12 consecutive months, it cannot be determined that she is under a disability as that term is defined in the Act. . . . (emphasis ours).

He found:

The overall evidence of record fails to establish the presence of a medically determinable physical or mental impairment or combination of impairments of such degree or severity which would prevent the claimant from performing some type of substantial gainful activity for any continuous period which has lasted or which could be expected to last for at least 12 months, (emphasis ours).

The Social Security Act, 42 U.S.C. § 423(d)(1)(A) defines “disability” as the “(1) inability to engage in any substantial gainful activity by reason of (2) any medically determinable physical or mental impairment (3) which . has lasted or can be expected to last for a continuous period of not less than 12 months . . . .” [1] See Yawitz v. Weinberger, 498 F.2d 956 (8th Cir. 1974).

The “continuous period” language of § 423(d)(1)(A) does not require a claimant to show an inability to engage in any substantial gainful activity every day of his existence. An individual does not have to be totally helpless or bedridden in order to be found disabled under the Social Security Act, Thorne v. Weinberger, 530 F.2d 580 (4th Cir. 1976); Thomas v. Celebrezze, 331 F.2d 541 (4th Cir. 1964), otherwise, the abili[*12] ty to perform substantial gainful activity even one day each month or each year would disqualify an individual for benefits.

There is no dispute concerning any of the evidence in this case. Totten is unable to do heavy work. There is no question but that Totten could sometimes, and perhaps during a majority of the time, perform light duty as described by the vocational expert. It is undisputed, however, that her medical impairments cause her to become incapacitated for periods of three days during every two weeks, and that such impairments and their effects are expected to last at least 12 months. The ultimate question then is whether this sporadic incapacity prevents her from performing any substantial gainful activity within the meaning of the Social Security Act. The ALJ erroneously ruled as a matter of law that Totten’s inability to perform any substantial gainful activity three days out of every ten does not establish a continuous period of disability. This misstatement of the appropriate standard of disability foreclosed the necessary specific findings concerning the effect of the three day period of total disability on her ability to work during the remaining portion of the two week period. The ALJ must consider this question and make specific findings on whether Tot-ten’s intermittent incapacity constitutes an inability to perform any substantial gainful activity.

The Court has defined what constitutes substantial gainful activity as:

activity from which something gainful, with some degree of regularity should be inferred . . . [and when] a person’s activity may be frequently or transitorily restricted, [it] cannot be the premise for a finding of ability to engage in any substantial gainful activity. Wilson v. Richardson, 455 F.2d 304, 307 (4th Cir. 1972), quoting Ellerman v. Flemming, 188 F.Supp. 521 (W.D.Mo.1960).

Similarly, we recently quoted with approval Prevette v. Richardson, 316 F.Supp. 144 (D.S.C.1970), defining substantial gainful activity as the “performance of substantial services with reasonable regularity in some competitive employment or self-employment.” Cornett v. Califano, 590 F.2d 91, 94 (4th Cir. 1978).

The Eighth Circuit also recently defined substantial gainful activity as that “which is both substantial and gainful and within the claimant’s capability, realistically judged by his education, training and experience; . . the emphasis is on the particular claimant’s capabilities and on what is reasonably possible, not on what is conceivable . . ..” Yawitz, supra, at 959-60. Again, in this type case specific findings should be made concerning the nature and extent of the transient disability, and whether it precludes the performance of any substantial gainful activity with reasonable regularity.

For the foregoing reasons, the judgment of the district court is reversed with directions to remand to the Secretary for reconsideration and for explicit findings of fact and conclusions of law under the proper disability standard.

REVERSED AND REMANDED.

1

. For the purposes of that paragraph “an individual . . . shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), ‘work which exists in the national economy’ means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.” 42 U.S.C. § 423(d)(2)(A). See also, 42 U.S.C. § 416(i)(l).