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

David Perminter appeals from the denial of Supplemental Security Insurance (SSI) and disability insurance benefits by the Secretary of Health and Human Services (Secretary) and by the district court. We reverse.

Facts

On June 29, 1982, Perminter applied for benefits alleging disability since June 14, 1982. His applications were denied initially, upon reconsideration, and by the Administrative Law Judge (AU) after a hearing. The Appeals Council denied review, and the AU’s decision became the final decision of the Secretary. The district court adopted the magistrate’s recommendation to affirm the Secretary’s decision.

At the time of the hearing held on March 2, 1983, Perminter was thirty-two years old and had a tenth-grade education. He served in the United States Army from 1971 to 1974; since then he worked as a laborer in steel mills, as a truck driver, and as a janitor. Perminter alleges disability from pain associated with his left knee which was fractured on June 14,1982 when two men beat and robbed him.

Although initially Perminter expected to return to work by September, 1982, later medical reports are uneontroverted that Perminter suffered from significant loss of motion…