[Download] "Glass v. Weinberger" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Glass v. Weinberger
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 09, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This appeal from an order entered upon cross-motions for summary judgment affirming a decision of the Secretary of Health, Education and Welfare denying appellant's claim to disability benefits under Title II of the Social Security Act, 42 U.S.C. §Â§ 401-431 (1970), as amended, (Supp. II, 1972), requires us to decide whether there is substantial evidence to support the Secretary's determination that appellant has a residual capacity for ""substantial gainful activity."" We hold that there is not. Appellant,1 who indisputably suffers from a severe back injury and consequent physical disability to perform his usual work, testified at the hearing before the Administrative Law Judge that because of excruciating pain he is unable to sit longer than ten or fifteen minutes and that he needs to move about constantly or lie down. Appellant's assertion of pain is amply supported by objective medical evidence submitted by an orthopedic specialist who stated that appellant's disability caused ""horrible pain,"" by another orthopedic specialist who testified that appellant was unable to bend forward, stoop or reach, and by his treating physician who concluded that appellant is disabled from performing any job that requires lifting, prolonged standing or walking.
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