Valentine v. Richardson, 72-1151.
| Decision Date | 27 October 1972 |
| Docket Number | No. 72-1151.,72-1151. |
| Parties | Nina L. VALENTINE, Plaintiff-Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Robert M. Schwartz, Albuquerque, N. M., for plaintiff-appellant.
Robert M. Feinson, Dept. of Justice, Washington, D. C. (Victor R. Ortega, U. S. Atty., Morton Hollander, Dept. of Justice, Washington, D. C., and L. Patrick Gray, III, Asst. Atty. Gen., Albuquerque, N. M., on the brief), for defendant-appellee.
Before SETH, BARRETT and DOYLE, Circuit Judges.
Nina L. Valentine appeals from the District Court's summary judgment in favor of the Secretary denying her application for disability benefits under 42 U.S.C. § 405(g).
Valentine filed for social security disability benefits on April 18, 1969, alleging that since November of 1959 and until September 30, 1962, when she last met the special earnings requirements, she had been unable to work because of arthritis of the spine. On November 21, 1969 a hearing was held. The hearing examiner determined that Valentine had failed to prove she was disabled. She was denied any benefits. The Appeals Council denied review. The District Court, 324 F.Supp. 206, remanded the case for additional evidence. The Appeals Council then reaffirmed its former decision.
Valentine was 60 years old at the time of the second hearing. She had completed high school and one year of college. She had worked principally as a saleswoman before she quit in 1958 to care for her disabled husband who had developed multiple sclerosis in 1949. She had been under medical care from October, 1959 until September 30, 1962 for her complaints involving diverticulitis, chest congestion, high blood pressure, infected throat, hypertension, loss of vision in the right eye, arteriosclerotic heart disease, genito urinary infection, osteoarthritis of the cervical spine and knee, severe tension, headaches and mental disturbance.
Valentine contends that the evidence does not support the Secretary's decision that she failed to establish she was disabled within the meaning of the Social Security Act at any time on or before September 30, 1962 when she last met the special earnings requirements of the Act for disability purposes.
The Secretary's findings are conclusive if supported by substantial evidence. 42 U.S.C. § 405(g); Johnson v. Finch, 437 F.2d 1321 (10th Cir. 1971). In order to qualify for benefits, the claimants must establish that they are suffering from an impairment of such severity as to be unable to perform their former work considering their age, education and work experience or to engage in other types of substantial gainful work which exists in the national economy. 42 U.S.C. § 423(d) (2). Section 423(d) (3) states that:
". . . 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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...denied, 414 U.S. 913, 94 S.Ct. 255, 38 L.Ed.2d 155 (1973); Sykes v. Finch, 443 F.2d 192 (7th Cir. 1971). See also, Valentine v. Richardson, 468 F.2d 588 (10th Cir. 1972). A beneficial illustration of our holding is found in Laffoon v. Califano, supra. In that case, one of the doctors who ha......
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