James Sample v. Richard Schweiker , Secretary of Health and Human Services

Appellant filed for disability benefits under both Title II and Title XVI of the Social Security Act on September 9, 1975. After initial adverse agency determination, a hearing was held on January 18,1977 which resulted in a finding of no disability. Upon exhaustion of administrative appeal, suit was initiated in district court. The trial court, having heard argument on the government’s Motion for Summary Judgment and the claimant’s alternative Motions for Summary Judgment or Remand to the Administrative Law Judge (ALJ), granted the government’s motion and denied the claimant’s, but remained silent as to disposition of the remand question.

By order of this Court dated January 8, 1981, 9th Cir., 639 F.2d 790 , the court below was directed to consider whether good cause existed to remand to the ALJ. Thereafter, the trial judge amended his earlier ruling and concluded that the remand issue had been properly considered and denied. The case is once again before us for consideration of whether the ALJ’s findings are supported by substantial evidence.

I. EVIDENCE PRESENTED

Appellant alleged numerous afflictions of a continuing nature over the past decade: lower back and leg pain,…