Mathew Johnson v. Patricia Harris

Mathew Johnson appeals the district court’s judgment affirming the decision of the Secretary denying his claim for disability benefits. We reverse and remand for the entry of judgment in favor of Johnson.

BACKGROUND

Johnson is uncertain about his age. He was born between 1923 and 1931. He has a seventh grade education. In 1966 Johnson’s son was killed by police in a tragic accident that touched off a riot in San Francisco. Thereafter he began drinking very heavily and developed many health problems.

In 1973 Johnson applied for disability insurance benefits. He alleged that he had become unable to work in 1968. The application was denied on the ground that Johnson was not under a disability on or before September 30, 1971, the date he was last insured.

Johnson appealed the denial to an administrative law judge (ALJ) who heard the claim de novo. The AU agreed that Johnson was not under a disability on or before September 30, 1971. The appeals council, after hearing additional evidence, approved the ALJ’s determination. This ruling was the final decision of the Secretary.

Johnson sought review of the decision in the district court. On July 29, 1977, the district court granted…