Raul Benitez v. Joseph A. Califano, Secretary of Health, Education & Welfare, United States of America

Raul Benitez has appealed from a judgment affirming the decision of the Secretary of Health, Education and Welfare denying appellant’s claim for social security disability benefits. Following a hearing, an administrative law judge concluded that appellant was “not entitled to either á period of disability or disability insurance benefits under sections 216(i) and 223(a) respectively, of the Social Security Act, as amended”. The Appeals Council affirmed the decision of the administrative law judge. This action followed. Both parties filed motions for summary judgment. The motion of the Secretary was granted. We reverse.

Appellant is a United States citizen of Mexican ancestry. He was born on September 28, 1935 in Texas and received a fourth grade education. Although he can read and write Spanish, he is functionally illiterate in English. He can speak and understand some English, but can neither read nor write it.

Prior to the onset of his physical impairment appellant’s work consisted primarily of farm labor — picking cotton and fruit, and driving farm equipment. He worked briefly as a gas station attendant and for a car dealer cleaning cars.

Appellant suffered back injuries on…