Tomas Delgado v. Margaret H. Heckler, Secretary of Health and Human Services

The Department of Health and Human Services (“HHS”) denied Tomas Delgado’s application for Supplemental Security Income (“SSI”) on the ground that he did not suffer from a “severe” impairment. Under recently adopted HHS regulations, such a determination automatically results in a denial of disability benefits. Delgado challenges the application of the regulations to the facts of his case. He also challenges the validity of the nonseverity regulation as inconsistent with the Social Security Act under which it was promulgated. We find that the Secretary’s finding of nonseverity was not supported by substantial evidence. The district court is reversed.

FACTS

Delgado was born in 1922 and has a fifth grade education. He has done factory work and gardening, but has not worked since the early 1970’s. He received SSI benefits based on disability from mid-1975 until mid-1979, when the benefits were terminated pursuant to a finding that he was no longer disabled. Delgado did not appeal that determination. In 1980 he filed a new application for benefits, claiming that his condition had worsened. His primary physical problem is back pain associated with disco-genic disease. He also…