Mildred R. TAYLOR, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Mildred R. Taylor (hereinafter Taylor) appeals from the district court’s grant of summary judgment affirming the denial of her application for disability benefits by the Secretary of Health and Human Services (hereinafter the Secretary), 576 F.Supp. 1172 . Taylor contends that the Secretary had no grounds for reversing the Administrative Law Judge’s (hereinafter AU) determination that she was indeed disabled as of May 1974, since that decision was supported by substantial evidence. She argues that the court should have reviewed the ALJ’s decision to determine whether it was supported by substantial evidence, rather than reviewing only the Secretary’s decision. Taylor also argues that her pain constitutes a recognized form of disability. Finally, she contends that the district court erred in concluding that it lacked jurisdiction to review the Secretary’s decision to not reopen Taylor’s 1976 application for disability benefits.

We address each of Taylor’s contentions and the facts pertinent thereto under separate headings.

1. Secretary’s Review of ALJ

Taylor asserts that the Secretary could not reverse the ALJ’s determination that Taylor was disabled if the ALJ’s finding was…