Louis Goerg v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant

In 1976, the plaintiff filed applications for disability insurance and supplemental security income benefits, alleging that he had been unable to work since October 1974 because of asthma, past mental illness, and an eye defect.

In 1977, an administrative law judge found that the plaintiff was not suffering from the statutorily defined disability. See 42 U.S.C. §§ 423 (d), 1382c(a)(3).

Plaintiff then brought an action in the district court seeking review of the Secretary’s decision affirming the administrative law judge. 42 U.S.C. § 405 (g). That court granted the Secretary’s motion for summary judgment.

After the district court decision was entered, the plaintiff discovered that he had inoperable islet cell carcinoma of the pancreas. Medical evidence of this condition was submitted to this court. There is little question that the plaintiff would be eligible for benefits if his carcinoma had existed prior to the date on which his eligibility for disability insurance expired. However, that determination cannot be made on the basis of the present record. Although the plaintiff was examined by an independent medical examiner, that examination was directed to a determination of…