Jesus MONTIJO, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Bad Law
729 F.2d 599·4 Soc. Serv. Rev. 268·49 Cal. Comp. Cases 811·1984 U.S. App. LEXIS 24198
United States Court of Appeals for the Ninth CircuitMarch 26, 198482-5759California1,340 words

Opinion

Opinion

Montijo appeals the Secretary’s decision that he is not disabled within the meaning of sections 223(d)(1)(A) and 1614(a)(3)(A) of the Social Security Act, 42 U.S.C. §§ 423 (d)(1)(A), 1382c(a)(3)(A), and therefore not entitled to disability benefits or Supplemental Security Income (SSI) under the Act.

I

Montijo injured his back and neck when thrown from a railroad car in May 1976. He has not worked since.

Reports from four physicians disclosed only minor physical injuries. None of these doctors concluded that a physical impairment had disabled Montijo for longer than twelve months. After his initial application for disability benefits, Montijo became severely ill and was hospitalized in September 1979 for what was later diagnosed as Addison’s disease — a hormonal imbalance related to stress that causes weakness, low blood pressure, anemia, and darkening of the skin. The attending physician’s report concluded, however, that the disease could be controlled with medication and would not disable Montijo.

A review of the medical opinion concerning psychological impairment presents a different picture. A psychologist examined Montijo in September 1978 and diagnosed a…

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