Karin E. Steimer v. John W. Gardner, Secretary of Health, Education & Welfare

This is an action under section 205(g) of the Social Security Act, 42 U.S.C. § 405 (g), to review a decision of the Secretary of Health, Education and Welfare denying appellant Steimer’s claim for a period of disability and for disability insurance benefits under sections 216(i) and 223 of the Act, 42 U.S.C. §§ 416 (i), 423. The claimant appeals from a judgment for the Secretary. She makes two claims, first, that the Secretary’s decision is not supported by substantial evidence (section 205(g), 42 U.S.C. § 495 (g)), and second, that she should have been represented by counsel before the hearing examiner, but was misled by the Secretary into acting pro se.

I. Sufficiency of the evidence.

When appellant filed her application, the Act required that she show “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration.” 42 U.S.C. §§ 416 (i), 423 (c). In 1965, the last clause was amended, substituting “not less than 12 months” for “long-continued and indefinite duration.” 79 Stat. 367 . In 1967, after the decision of the…