James R. Odle v. Margaret H. Heckler, Secretary of Health and Human Services

The Supreme Court has just announced its decision in Heckler v. Campbell, - U.S. -, 103 S.Ct. 1952 , 76 L.Ed.2d 66 , (1983) which we conclude controls here.

In Campbell , the claimant applied for disability benefits because of a poor back and hypertension. Ms. Campbell was denied benefits and then requested a hearing pursuant to the statutory provision. 42 U.S.C. § 405 (b). The Administrative Law Judge received testimony and documentary medical evidence and determined Campbell was unable to perform her past work of a hotel maid, but retained the physical capacity to do light work. The ALJ then made findings of Ms. Campbell’s age, education, and the nature of her prior employment. Applying the medical-vocational guidelines (20 CFR pt. 404, subpt. P, app. 2), the judge found jobs existed that a person with Campbell’s qualifications could perform and concluded she was not disabled.

Odie challenged the regulations on the same grounds rejected in Campbell . The ALJ made findings after hearing testimony from both claimant and his wife and receiving into evidence medical reports and other exhibits. The ALJ found Odie to be 42 years old in 1979, had at least a “limited education” —…