Hector Cruz v. Richard Schweiker, Secretary of Health and Human Resources

This appeal arises out of a claim for social security disability benefits. Appellant’s claim was denied administratively, and on review in the district court, the government’s motion for summary judgment was granted. He appeals from that decision.

When this claim was originally presented to the administrative law judge, the appellant was not represented by counsel. Following the denial of his claim, appellant obtained counsel and, after making a second application, was successful in receiving benefits as of December 1978. At issue here is his entitlement to a new hearing on his first application to show entitlement to benefits prior to December 1978.

Appellant’s claim is based upon alleged disability due to osteoarthritis. Dr. Pinto, who was treating him for that condition, stated in a short medical report dated October 1977, and which was included in the record before the administrative law judge, that he regarded appellant as totally disabled. That doctor did not testify, however. The two doctors whose reports comprise the bulk of the record had not treated the appellant for osteoarthritis and neither referred to his arthritic condition. One of those doctors examined him at…