Rachael M. Bonilla v. Secretary of Health, Education and Welfare

Bonilla appeals from a district court order granting summary judgment in favor of the Secretary, after the Secretary denied her application for social security disability benefits. The district court found that there was substantial evidence to support the Secretary’s conclusion that Bonilla had no serious physical or mental impairment that prevented her from working. On appeal, plaintiff correctly contends that the Secretary’s decision was not supported by substantial evidence because he failed to introduce expert vocational testimony. Therefore, the judgment is reversed.

In April 1976, Bonilla, a 40-year-old woman, injured her shoulder and neck when an electric buffer machine went out of control. At that time, she was employed as a janitress at Texas Tech. University. Bonilla claimed that her injury involved not only her neck and shoulder, but also her psychiatric ability to function.

The administrative law judge determined that even if the claimant’s subjective complaints were credible, she nevertheless could return to at least some of her former work assignments as long as such assignments did not include the operation of heavy equipment. The Secretary cites a number of…