Johnson v. Richardson, 73-1279.
| Citation | 486 F.2d 1023 |
| Decision Date | 14 November 1973 |
| Docket Number | No. 73-1279.,73-1279. |
| Parties | Charles H. JOHNSON, Sr., Appellant, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Robert E. McGarry, St. Paul, Minn., for appellant.
Francis X. Herman, Asst. U. S. Atty., Minneapolis, Minn., for appellee.
Before LAY, BRIGHT and WEBSTER, Circuit Judges.
The claimant, Charles H. Johnson, Sr., appeals from the district court's judgment in favor of the Secretary of Health, Education and Welfare, which had denied him Social Security disability insurance benefits under 42 U.S.C. §§ 416(i) and 423.
The period of insurability for plaintiff under the Social Security Act expired December 31, 1963. Plaintiff had the burden of showing by substantial evidence that he was disabled from engaging in any substantial gainful activity on or before that date. The administrative trial judge found that Johnson was not under a "disability" as defined in the Act. This finding was sustained by the Secretary of Health, Education and Welfare. The district court affirmed the Secretary's denial of any benefit, finding that although the medical testimony indicated that the claimant was unable to do any heavy lifting he nonetheless could have engaged in gainful employment as a dispatcher for a taxi cab company, a job he had previously held in the late 1940's.
On appeal Johnson, who was without counsel at the disability hearing, urges that the only testimony regarding his ability to serve as a cab dispatcher was elicited from him and at the time he testified he did not feel he could serve in this capacity because he was unable to sit for any length of time.
The administrative trial judge, after reviewing the claimant's long medical history, observed:
Taking the claimant\'s contentions with respect to his restrictions and limitations at face value, i. e., that during the time in issue he had to alternately sit and stand and that he could not maintain one position for too long, it would appear, nevertheless, that during the critical period he was able to perform his former sedentary type job as a taxi dispatcher. I find it quite significant that from 1962 to 1965 he successfully pursued a course at a business school, completing his studies there in 1965. It would be fair to conclude that the same residual capacities which enabled Mr. Johnson to successfully complete three years at a business school would have been quite adequate to enable him to perform the work of a taxi dispatcher.
The record shows that the claimant testified that because of his incapacity he was able to attend business school from 1962 to 1965, only two hours a day and therefore it took him three years to complete a "short course." At the hearings he could not remember the normal length of the course.1
It is true, as the district court recognizes, that the examiner, sitting as a trier of fact, may apply his experience and judgment...
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Cornella v. Schweiker, 83-1209
...light jobs existed in the national economy instead of obtaining the testimony of a vocational expert. See, e.g., Johnson v. Richardson, 486 F.2d 1023, 1025 (8th Cir.1973). This failure to obtain a vocational expert should have put the Secretary on notice that the record was inadequately dev......
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Criswell v. Califano, 78-0180-CV-W-5.
...base his judgment upon the testimony of a vocational expert. Warner v. Califano, 623 F.2d 531 (8th Cir., 1980); Johnson v. Richardson, 486 F.2d 1023, 1025 (8th Cir. 1973). Dr. Paul T. Correll, a vocational expert, testified at the administrative hearing. Dr. Correll is a counseling psycholo......
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Clemmons v. Weinberger, 75 CV 310 W-4.
...his obligation to fully and fairly develop her claim, a remand for provision of such an opportunity must result. Johnson v. Richardson, 486 F.2d 1023 (8th Cir. 1973); Sellars v. Secretary of Health, Education, and Welfare, 458 F.2d 984 (8th Cir. 1972); see Erwin v. Secretary of Health, Educ......
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Russell v. SECRETARY, DEPT. OF HEALTH, ED. & WELF.
...that she was disabled from engaging in any substantial gainful activity on or before her period of insurability. Johnson v. Richardson, 486 F.2d 1023, 1024 (CA8 1973). In any event, neither these impairments which occurred after her period of insurability had expired, or those female proble......