Simonsen

AMENDED ORDER

Claimant seeks judicial review of the denial of his claim for disability insurance benefits by the Secretary of Health and Human Services. See 42 U.S.C. § 405 (g). The Secretary has moved for summary judgment. The Magistrate assigned to the case has made a recommendation that the case be remanded for the taking of further evidence, to which the Secretary has objected. Local Rule 506. The limited role of a district court under 42 U.S.C. § 405 (g) is simply to determine whether the Secretary’s findings are supported by substantial evidence. Chavies v. Finch, 443 F.2d 356, 357 (9th Cir. 1971).

The Administrative Law Judge (ALJ) found that claimant was no longer capable of performing his former work as a painter, but that he still had the ability to do work of a light nature. Claimant has had back surgery and complains of numbness in his leg.

It appears from the Magistrate’s recommendation that the major reason remand has been suggested is to take evidence on a hospital stay which occurred after the administrative hearing. However, claimant’s counsel has failed to tender any new evidence to the court. The Secretary’s Appeals Council, in a letter dated June 29, 1979,…