Gray v. Finch
| Decision Date | 05 June 1970 |
| Docket Number | No. 19819.,19819. |
| Citation | 427 F.2d 336 |
| Parties | Barrett L. GRAY, Plaintiff-Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Quentin J. Lukomski, Detroit, Mich., for plaintiff-appellant.
William D. Appler, Atty., Dept. of Justice, Washington, D. C., for defendant-appellee; William D. Ruckelshaus,
Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., James H. Brickley, U. S. Atty., Detroit, Mich., on brief.
Before EDWARDS, McCREE and COMBS, Circuit Judges.
This is an appeal from the denial of disability benefits under the Social Security Act. Appellant's claim was rejected administratively by a Hearing Examiner, by the Appeals Council, and by the Secretary. The District Court granted summary judgment and affirmed the decision of the Secretary, and the question before us is whether the Secretary's determination is supported by substantial evidence. Social Security Act, § 205 (g), 42 U.S.C. § 405(g).
Under the Act, the claimant must show that he is suffering from a medical disability which prevents him not only from performing his previous work, but also from obtaining any gainful employment. Here appellant presented evidence that he had not been employed since January, 1965, that he suffered shortness of breath when walking and climbing stairs, and pain when bending over. He also introduced written medical reports which tended to confirm the existence of these symptoms. Some of these reports diagnosed his condition as emphysema and suggested the possibility of lung cancer. Only one of the eight medical reports suggested that he was disabled from engaging in any kind of physical work.1
There were substantial factual conflicts among the medical reports concerning the degree to which appellant's vital functions were impaired. The Hearing Examiner, the Appeals Council, and the Secretary all held that appellant had not demonstrated disability to prevent him from obtaining any kind of employment. They cited evidence indicating "satisfactory functional breathing capacity", although they conceded that he was probably medically unfit to return to the foundry in which he had worked until 1965, because of its highly polluted atmosphere.
In addition, a vocational expert who was familiar both with appellant's medical evidence and with employment opportunities in the Detroit metropolitan area, testified that appellant was capable of obtaining employment and named several specific jobs and employers. The vocational expert carefully indicated the physical requirements for these jobs, and it is clear from the conclusions of the Hearing Examiner and the Appeals Council that t...
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Meneses v. Secretary of Health, Education and Welfare
...the statutory criterion. The burden of coming forward that is shifted to the Government has most recently been restated in Gray v. Finch, 427 F.2d 336 (6th Cir. 1970), where the claimant, a former foundry worker, presented evidence of lung disease that rendered him unfit to return to foundr......
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Robinson v. Richardson
...the burden of going forward shifts to the examiner to establish that there are other jobs available to the plaintiff. Gray v. Finch, 427 F.2d 336 (6th Cir. 1970); Reyes Robles v. Finch, 409 F.2d 84 (1st Cir. 1969); Hicks v. Gardner, 393 F.2d 299 (4th Cir. 1968). The ultimate burden of proof......
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Kenny v. Weinberger
...(3 Cir. 1966); Taylor v. Weinberger, 512 F.2d 664 (4 Cir. 1975) reaffirming Hicks v. Gardner, 393 F.2d 299 (4 Cir. 1968); Gray v. Finch, 427 F.2d 336 (6 Cir. 1970); Stark v. Weinberger, 497 F.2d 1092 (7 Cir. 1974); Rosin v. Secretary, 379 F.2d 189 (9 Cir. 1967); McMillin v. Gardner, 384 F.2......
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Maldonado v. Mathews
...(3 Cir. 1966); Taylor v. Weinberger, 512 F.2d 664 (4 Cir. 1975) reaffirming Hicks v. Gardner, 393 F.2d 299 (4 Cir. 1968); Gray v. Finch, 427 F.2d 336 (6 Cir. 1970); Stark v. Weinberger, 497 F.2d 1092 (7 Cir. 1974); Rosin v. Secretary, 379 F.2d 189 (9 Cir. 1967); McMillin v. Gardner, 384 F.2......