Edwin Paul ALLEN, Jr., Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
Opinion
Opinion
Fletcher, J.
Allen appeals from an order of the district court upholding the Secretary’s finding that Allen was not disabled. We reverse.
FACTS
Allen is 41 years old. He has worked as a plumber for several years, and has a bachelor’s degree in fine arts. He filed applications for disability insurance benefits in 1979, alleging disability since 1971 due to arthritis, back and respiratory problems. At the hearing before the Administrative Law Judge (ALJ), Allen also presented evidence of mental problems and an ankle injury.
The ALJ found that Allen was capable of doing at least sedentary work in an environment where he would not be exposed to respiratory irritants. Applying the Secretary’s medical/vocational guidelines, the ALJ concluded Allen was not disabled. The Social Security Appeals Council affirmed.
On review, the district court granted summary judgment for the Secretary and denied Allen’s motion for a remand to consider new psychiatric evidence.
ISSUES
Allen raises three issues on appeal. Allen contends, first, that the Secretary did not meet her burden of proving there were jobs in the economy which Allen could perform; second, that the Secretary’s finding that his mental problems…