Flemming, 176 F. Supp. 927, 932 (E.D.Pa.1959).
The record in this case establishes that the Secretary failed to meet this test. The examiner asked Doctor Jacob Tuckman, the vocational specialist, what he thought were the possibilities of a man with plaintiff's education, physical and mental capacity, and employment record, of obtaining new employment in the Schuylkill County area. Doctor Tuckman replied, "I would say as I mentioned earlier that I think finding a job in an area of high unemployment is difficult all around. I think, for a person who is 49 years of age, I think this is complicated." (Transcript, p. 45.) Earlier this specialist had admitted that there were really two questions involved: plaintiff's ability to perform a particular job and his ability to obtain such employment. Doctor Tuckman had to conclude that because of prejudices, preferences and unemployment, it would not be "easy in this particular area" for plaintiff to obtain employment outside of the mines. (Transcript, p. 44.) Doctor Tuckman then listed a number of jobs which he thought Mankiewicz could perform, e.g. night watchman, elevator operator, gateman. He also stated that he thought plaintiff could operate a bread-wrapping machine, but was later rather vague as to whether there were large bakeries in the area which needed such workmen. Although Doctor Tuckman finally concluded that there were jobs for plaintiff in his county, a reading of the transcript indicates that the vocational specialist relied far too heavily on the existence of jobs in Pennsylvania generally, as indicated in the Pennsylvania Industrial Directory. He did not demonstrate a reasonable possibility of employment for this plaintiff in Schuylkill County, taking into consideration the high unemployment rate in that area. The first statement by Doctor Tuckman above cited illustrates his uncertainty on this score. Since this was the sole testimony on which the hearing examiner based his decision as to employment possibilities, there was not substantial evidence for his decision, and the case must be remanded for further proceedings.
The record at the Board in this case was similar to that in Baker v. Gardner, supra. In that case the hearing examiner had stated that the type of light jobs for which plaintiff was qualified existed in the economy in general and in particular in plaintiff's area of residence. The examiner had based these findings on references to statistical volumes. The Third Circuit Court of Appeals held that this did not constitute substantial evidence to overcome the plaintiff's case. Baker, supra, 362 F.2d 864. The testimony by Doctor Tuckman was equally insufficient.
Therefore, both plaintiff's and defendant's motions for summary judgment will be denied. The case will be remanded to the examiner for a new hearing, not inconsistent with this Opinion, as to whether plaintiff is able to engage in substantial gainful activity.
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