William D. Cox v. Joseph A. Califano, Secretary of Health, Education & Welfare

The plaintiff, William D. Cox, brought this action in the district court under 42 U.S.C. § 405 (g) for review of a final decision of the Secretary of Health, Education and Welfare. The district court granted the Secretary’s motion for summary judgment, 421 F.Supp. 721 (N.D.Cal.1976), and Cox appeals that decision. Because we conclude that the Secretary’s finding is not supported by substantial evidence, we reverse.

BACKGROUND

Cox, a carpenter by trade, sustained a back injury at work on August 14, 1973. He continued to work until October 12, 1973, when the pain from his back injury finally forced him to stop. He received extensive medical treatment, and underwent surgery on his back in July 1974. After the surgery, he began an intensive program of physical therapy, which continued at least up to the time of the administrative hearing on his claim for disability benefits.

Cox first filed for Social Security disability benefits on December 28, 1973, alleging that he had been disabled since October 12, 1973. The application was initially denied, and plaintiff requested and received a hearing de novo before an administrative law judge (hereafter ALJ) on February 12, 1975. The ALJ,…