Rodriguez v. Celebrezze
Rodriguez v. Celebrezze
Opinion of the Court
In this action for a review of a decision of a Hearing Examiner of the Social Security Administration, both parties have moved for summary judgment on the ground that the pleadings and the transcript of the administrative proceedings show that there is no genuine issue as to any material fact, submitting to the court the question of which party is entitled to judgment as a matter of law.
I must conclude, after reading the transcript of the hearing, and the summaries of the physicians’ findings contained in the Hearing Examiner’s Decision, that there was no substantial evidence to support the Examiner’s decision. Substantial evidence means,
It is on the basis of the above medical evidence that the defendant would have this court sustain the finding of the Examiner that “the evidence does not establish that during the period covered by the effective life of her application claimant was suffering from an impairment or combination of impairments of such severity, probable duration and inaccessibility to effective therapy, alleviation and control, as to render her incapable of engaging in any substantial gainful activity in the light of her age, education, occupational experience and adaptability”.
Although it is true that plaintiff is not bedridden or at death’s door, I do not believe that such conditions are what is meant by /‘disability” as used in the Act. As stated by Judge Rives in Aaron V. Fleming, D.C., 168 F.Supp. 291, 295,
“Even though the Act is worded in strong language and the Congressional history indicates a strict policy of application, to conclude in this case that the plaintiff is not ‘disabled’ within the meaning of the Act would make ‘disability’ commensurate with ‘helplessness’, ‘bedridden,’ or ‘at death’s door.’ No matter how infirm, or disabled, or sick a man is, if he still possesses some of his faculties and some degree of mobility, he is not in the strictest sense unable to perform ‘any substantial gainful activity.’ I do not interpret the Act to apply only to the totally helpless and bedridden nor to those at death’s door. If a wage earner has the inability to engage in ‘any substantial gainful work’ which is commensurate with his education, training, experience, and physical and mental capacities, then he should be given the benefit of the ‘disability freeze.’ ”
See, also Corbin v. Ribicoff, D.C., 204 F.Supp. 65.
Therefore, under the above authorities and in view of the whole record, I must conclude that the Decision of the Hearing Examiner and the Appeals Council’s Denial of Request of Review of same were erroneous and not supported by substantial evidence. It is therefore ordered and adjudged that the decision of defendant be and it is reversed and that the cause be remanded with directions to find plaintiff disabled and entitled to disability insurance benefits and establishment of Period of Disability under the Social Security Act. (42 U.S.C. § 416 (i) and 423). A fee of $750.00 for plaintiff’s attorney for services in the judicial review is approved as reasonable.
Reference
- Full Case Name
- Juana RODRIGUEZ v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare
- Status
- Published