Clyde H. BOOZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Bad Law

734 F.2d 1378·49 Cal. Comp. Cases 815·5 Soc. Serv. Rev. 259·1984 U.S. App. LEXIS 21626

United States Court of Appeals for the Ninth CircuitJune 12, 198482-5956California1,612 words

Opinion

Tang, J.

FACTS

Booz is a 57-year-old male who until 1970 worked as a semi-skilled laborer. In 1971, he applied for disability insurance benefits alleging total disability caused by obstructive lung disease, ulcers and diabetes. In a January 3, 1973 opinion, the Administrative Law Judge (AU) found Booz capable of working based on medical and vocational expert testimony. Booz’s eligibility for disability insurance ran out on September 30, 1975.

On October 24, 1978, Booz renewed his application for benefits. He attempted to show, based on new medical tests that he was totally disabled from 1970 onward. The ALJ denied benefits in an October 20, 1979 opinion and again, after remand by the Appeals Council to consider the effect of certain regulatory changes, the application was rejected in an October 11, 1980 decision. Booz then appealed unsuccessfully to the Social Security Appeals Council and to the district court. Booz timely appeals.

ANALYSIS

I. Burden of Proof and Application of the Medical-Vocational Guidelines

Booz contends that the Secretary had the burden of showing that he was employable, and that the ALJ misapplied the Medical-Vocational guidelines grid. Generally, once a…

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