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LONGO v. WEINBERGER

January 17, 1974

Martha LONGO, Plaintiff,
v.
Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant


Clifford Scott Green, District Judge.


The opinion of the court was delivered by: GREEN

CLIFFORD SCOTT GREEN, District Judge.

I

 This is an action under the Social Security Act, 42 U.S.C. § 405(g), *fn1" to review a final decision of the Secretary of Health, Education and Welfare, which denied the claimant, Mrs. Martha Longo, disability insurance benefits and the establishment of a period of disability under 42 U.S.C. §§ 423 and 416. It is before the Court on cross motions for summary judgment.

 We decide that the hearing examiner applied an incorrect standard of law and, accordingly, remand for further proceedings consistent with this opinion.

 To qualify for disability insurance benefits and a period of disability, an individual must meet the insured status requirements of these sections, be under age 65, file an application for disability insurance benefits and be under a disability as defined in 42 U.S.C. § 423(d):

 
(1) The term "disability" means --
 
(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; . . ..
 
(2) For purposes of paragraph (1) (A) --
 
(A) an individual . . . shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), "work which exists in the national economy" means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. . . .
 
(3) For purposes of this subsection, a "physical or mental impairment" is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.
 
(5) An individual shall not be considered to be under a disability unless he furnishes such medical and other evidence of the existence thereof as the Secretary may require."

 Claimant filed her application for disability insurance benefits on June 1, 1971. Her claim was denied and this decision was upheld on claimant's request for reconsideration. A hearing was requested and held on March 23, 1972. On May 23, 1972, the Hearing Examiner denied the claim. By letter of July 31, 1972, the Appeals Council upheld the Hearing Examiner's decision.

 II

 The evidence in this case consists of the reports of several doctors, hospital records and the statements and testimony of the plaintiff at the ...


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