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MORRONE v. SECRETARY OF HEALTH

March 19, 1974

Nicholas A. MORRONE
v.
SECRETARY OF HEALTH, EDUCATION AND WELFARE


Edward R. Becker, District Judge.


The opinion of the court was delivered by: BECKER

EDWARD R. BECKER, District Judge.

I. Preliminary Statement

 The sole question at hand is whether there was substantial evidence in the record to support the finding of the Secretary that the claimant was not entitled to disability insurance benefits on an application filed December 1, 1970, on plaintiff's behalf by his sister. "Substantial evidence" has been defined as "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401, 91 S. Ct. 1420, 1427, 28 L. Ed. 2d 842 (1971); accord, Ginsburg v. Richardson, 436 F.2d 1146, 1148 (3rd Cir.), cert. denied, 402 U.S. 976, 91 S. Ct. 1680, 29 L. Ed. 2d 142 (1971). A careful review of the record and briefs, as well as argument in chambers, leads us to conclude that the Secretary's determination was not based on substantial evidence; therefore, the plaintiff's motion for Summary Judgment will be granted and the defendant's motion denied.

 II. Applicable Statutory Definitions

 To qualify for disability insurance benefits and for a period of disability under sections 223 and 216(i) of the Social Security Act, 42 U.S.C.A. §§ 423 and 416(i), an individual must meet the insured status requirements of these sections, be under age 65, file an application for disability insurance benefits and for a period of disability, and be under a "disability" as defined in the Act.

 The term "disability" is defined in section 223 to mean:

 
(d) (1) . . .
 
(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; . . .
 
(B) . . .
 
(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.
 
(B) . . .
 
(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 ...

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