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TERRY v. MATHEWS

November 9, 1976

STEPHEN W. TERRY
v.
S. DAVID MATHEWS, SECRETARY OF HEALTH, EDUCATION & WELFARE



The opinion of the court was delivered by: TROUTMAN

 TROUTMAN, Judge.

 Before this Court are cross-motions for summary judgment filed by the plaintiff and the defendant respectively. Plaintiff instituted an action in this Court for benefits pursuant to Section 205 (g) of the Social Security Act, as amended (42 U.S.C. § 405(g), to obtain judicial review of a "final decision" of the Secretary of Health, Education and Welfare, denying his claim for disability insurance benefits.

 After a careful review of the administrative record, we are of the opinion that the matter should be remanded to the Secretary for a rehearing. The purpose of such a rehearing will be to afford either or both parties an opportunity to produce such additional evidence as they may desire but, more particularly, an opportunity to produce testimony of a vocational expert or experts to testify as to the plaintiff's abilities, skills and opportunity for employment.

 The term "disability" is defined in Section 223 of the Social Security Act, 42 U.S.C. § 423, to mean:

 
"The term 'disability' is defined in section 223 to mean --
 
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"(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; * * *
 
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"(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.
 
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"(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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