Marie BEECHER, Plaintiff-Appellant, v. Margaret H. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Good Law
756 F.2d 693·9 Soc. Serv. Rev. 55
United States Court of Appeals for the Ninth CircuitMarch 26, 198583-5873California1,449 words

Opinion

Opinion

Choy, J.

Beecher appeals the Secretary’s decision to deny her disability benefits under section 223 of the Social Security Act, 42 U.S.C. § 423 . Beecher worked in a warehouse until January 1974, when she claims she became disabled due to the combined effects of a back injury and psychiatric problems. She returned to work briefly in early 1975 but has not been employed since then. Beecher last met the special earnings requirement of the Social Security Act for disability insurance purposes on March 31, 1976.

At her administrative hearing, numerous medical reports were introduced into evidence. Dr. Wong, an orthopedic surgeon, examined plaintiff in March 1974. Because he could find no serious physical impairment, he felt that Beecher’s complaints of pain were subjective and exaggerated. He felt that she could return to her regular work later that month.

Dr. Karbelnig, an orthopedic surgeon, examined Beecher in June 1974. He diagnosed her as suffering from a lumbosacral musculoligamentous strain and sprain. He believed that she could perform light work provided she lifted no more than 20 to 25 pounds and avoided repeated stooping, squatting, or bending.

Dr. Ritter, an orthopedic surgeon,…

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