185). Thomas M. Dugan, M.D., the only psychiatrist who examined plaintiff, found that he "has a psychoneurosis of a mixed type manifested by anxiety, depression and somatic complaints." (R., p. 222).
Dr. Lovette, while admitting that he is not a psychiatrist, testified that these reports, when read together with plaintiff's testimony of fainting spells and pain in the hands, show that plaintiff suffered from severe psychoneurosis in 1964, despite the fact that fainting can be attributed to many causes other than psychoneurosis, and none of the treating physicians saw any connection between plaintiff's sore hands and his emotional condition. Furthermore, Dr. Rosenbaum, on October 13, 1967, reported that plaintiff has suffered from hypotension (low blood pressure) since 1963 (R., p. 199). The hearing examiner noted that this condition might cause plaintiff's fainting (R., p. 82).
There is additional substantial evidence contradicting Dr. Lovette's opinion and supporting the Secretary's decision.
Plaintiff was a coal miner most of his working life. He was laid off in 1959 when the mine in which he had been working was shut down. Thereafter, in September, 1965, after he allegedly became disabled, he began working for Horowitz Coal Company as a coal shaker. Although plaintiff testified that he noticed the symptoms of dizziness and pains in his chest when he started working at Horowitz in September, 1965, he also testified that there were no complaints about his work, and that his termination there was caused by the shutting of the mine in March, 1966, and not by any physical inability to do the work. He then secured employment in October, 1966, at the Dell Coal Company. He was forced to quit this job less than two months later because he could not perform the functions required of him. Although working after the beginning date of an alleged disability is not necessarily probative of an ability to engage in substantial gainful employment, Wiley v. Celebrezze, 244 F. Supp. 504 (W.D.Mich.1965); Lightcap v. Celebrezze, 214 F. Supp. 209 (W.D.Pa.1962); Randall v. Flemming, 192 F. Supp. 111 (W.D.Mich.1961), it is our opinion that plaintiff's employment with Horowitz was evidence that plaintiff could engage in a substantial gainful activity upon which the Secretary was permitted to base the denial of disability benefits, even though a contrary inference might have been drawn from this evidence. Cf. Canaday v. Celebrezze, 367 F.2d 486 (4th Cir. 1966); Simmons v. Celebrezze, 362 F.2d 753 (4th Cir. 1966).
Furthermore, the reports of Drs. Rosenbaum, Goldman and Dugan, and of the Veterans Administration (R., p. 207) and plaintiff's statements to representatives of the Social Security Administration, relate that all of plaintiff's subjective complaints, except one fainting spell in 1964, began after he last met the earnings requirements.
The hearing examiner carefully scrutinized Dr. Lovette's testimony in support of a finding of disability, but rejected it in view of the other evidence before him. In the circumstances, we hold that his evaluation of the evidence was not erroneous.
Since the decision of the Secretary of Health, Education and Welfare is supported by substantial evidence, we must affirm it and grant defendant's motion for summary judgment.
An appropriate order will be entered.