Orville J. Griffis, Jr. v. Caspar W. Weinberger, Secretary of Health, Education and Welfare

Good Law
509 F.2d 837·1975 U.S. App. LEXIS 16602
United States Court of Appeals for the Ninth CircuitJanuary 14, 197573--2821California717 words

Opinion

Opinion

Duniway, J.

This case presents the question whether severe chronic alcoholism and related drug abuse, standing alone, can, if serious enough, amount to a disability as defined in the Social Security Act. Section 416(i) of Title 42, United States Code, defines “disability” as: “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 which has lasted or can be expected to last for a continuous period of not less than 12 months.” Section 423(d) contains the identical definition, and adds in subparagraph (3): “For purposes of this subsection, a ‘physical or mental impairment’ is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.”

The decision of the Secretary’s Hearing Examiner denied Griffis’ claim and was approved by the Appeals Council, thus becoming a final decision of the Secretary. The district court upheld the Secretary’s decision. Griffis appeals and we reverse.

The record is full of evidence that Griffis has long suffered from severe…

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