the lumbar spine and an asymptomatic gallbladder condition.
The Hearing Examiner found that plaintiff's impairments "may" have precluded him from engaging in his former occupation and in any other work of a heavy or arduous nature. Although somewhat equivocal, this finding was sufficient to shift the burden to the Secretary to prove that reasonable employment opportunities were available to plaintiff. Bujnovsky v. Celebrezze, 343 F.2d 868, 871 (3d Cir. 1965).
This burden was met by the testimony of a psychologist who was engaged in vocational counseling and vocational testing and has placed, among others, disabled persons. Asked to consider the impairments of plaintiff as found by the Hearing Examiner and also a report of a psychological examination of plaintiff, the psychologist concluded that plaintiff was able to perform jobs of a light and sedentary nature, including the specific jobs of shoe inspector, shoe cleaner, shoe polisher, shoe lacer, electrical assembler, psychiatric aide in a mental hospital, and packager, all of which existed in substantial numbers within a forty-five mile radius of plaintiff's residence.
It was acknowledged by the psychologist that plaintiff's performance on the Purdue pegboard test revealed an inability to perform tasks requiring fine finger dexterity, but the psychologist was of the opinion that this would only preclude plaintiff from performing tasks with objects as small as matchsticks, perhaps excluding him from an electrical assembly job involving objects of such minute size. Also, while plaintiff's performance on the Bender-Gestalt drawing test was suggestive of impaired neurological functioning, the psychologist was of the opinion that this would not affect plaintiff's ability to perform the aforementioned jobs, deemed essentially physical in nature.
The testimony of the psychologist provided substantial evidence from which the Hearing Examiner could conclude that plaintiff's impairments did not preclude him from substantial gainful activity of a light or sedentary nature and that plaintiff, therefore, was not under a disability as defined in the Social Security Act.
The decision of the Secretary must be affirmed.
Now, this 10 day of September 1970, upon review of the pleadings, briefs filed by counsel, and the administrative record, the Court hereby orders that defendant's Motion for Summary Judgment be and the same is hereby granted, that the decision of the Secretary of Health, Education and Welfare be and is hereby affirmed, and that plaintiff's Complaint be and hereby is dismissed.
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