Karp

Karp v. Schweiker

Good Law
539 F. Supp. 217·1982 U.S. Dist. LEXIS 12289
United States District Court, Northern District of CaliforniaApril 26, 1982Civ. C-81-2093 SWCalifornia1,348 words

Opinion

Opinion

Williams, J.

ORDER OF REMAND

Plaintiff brings this action pursuant to 42 U.S.C. § 405 (g) to obtain judicial review of a final decision of the Secretary of Health and Human Resources denying her claim for disability benefits under 42 U.S.C. § 1381a. Pursuant to the special order governing Social Security review cases, this matter has been submitted without oral argument on cross-motions for summary judgment.

Plaintiff, a 57 year old woman who speaks and writes only Russian, contends that she has been continuously disabled since late 1979 when she arrived in this country. She was diagnosed as suffering from hypertension, angina, diabetes, and an hysterical personality.

Mrs. Karp’s work history shows over 28 years of employment at a plastics factory in Russia. She did both machine assembly and quality control work.

STANDARD OF REVIEW

The factual determinations of the Secretary may be upset only if they are not supported by “substantial evidence.” Substantial evidence is such 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). The court must consider the record as a whole and…

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