Fidelia VALENCIA, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Fidelia Valencia applied for supplemental security benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1388 (1982), and for disability insurance benefits under Title II of the Act, 42 U.S.C. §§ 401-433 (1982). She alleged that she had become disabled as a result of a back injury sustained in February, 1977. She is currently 63 years old and was 56 at the time of the onset of her alleged disability. She was born and raised in Mexico where she received an education through the third grade. She speaks Spanish, and is only marginally capable of reading, writing, and speaking English.

After a hearing, an administrative law judge found Valencia not disabled within the meaning of the Social Security Act and denied both benefit applications. The Appeals Council denied Valencia’s request for review of the administrative law judge’s decision. The Appeals Council decision constituted the final decision of the Secretary. Valencia then brought suit in federal district court, claiming the Appeals Council erred in denying her request for review. Upon the recommendation of a magistrate, the district court granted summary judgment against Valencia. This appeal timely…