Homer Rhodes v. Richard S. Schweiker, Secretary of the Department of Health and Human Services

Rhodes appeals from a decision by the Secretary disallowing his claim for disability benefits. The only doctor to examine Rhodes since the onset of his alleged disability consistently concluded that Rhodes was disabled. An Administrative Law Judge [ALJ] found that Rhodes had not met his burden of proof. The district court affirmed.

Conceding that Rhodes “may well have been incapacitated periodically during the time under consideration,” the Secretary argues that Rhodes failed to meet his initial burden of proof of eligibility for benefits. See Giampaoli v. Califano, 628 F.2d 1190, 1192 (CA8 1980). In order to be eligible for disability benefits, Rhodes was required to demonstrate, by medically acceptable, clinical, and laboratory diagnostic techniques, his “inability to engage in any substantial gainful activity by reason of any medically determined physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. . . . ” 42 U.S.C. § 423 (d)(1)(A). In support of his decision, the Secretary claims that Rhodes has not met his initial burden of proof because his doctor’s repeated…