Otha CALVIN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Otha Calvin (“Calvin”) appeals from the district court’s summary judgment affirming the denial by the Secretary of Health and Human Services (“the Secretary”) of Calvin’s application for Social Security disability benefits. Calvin argues that the Secretary may not rely on the medical-vocational guidelines (“the grids”), 20 C.F.R. Part 404, Subpart P, App. 2 (1985), to determine the effect of a claimant’s age. on his ability to perform substantial gainful activity. He contends that the effect of age on a particular claimant’s adaptability to new work environments is an adjudicative fact that must be determined on a case-by-case basis, rather than a legislative fact that can be determined by reference to the grids. We affirm.

I

The Social Security Act provides benefits to qualified individuals who are disabled. 42 U.S.C. § 423 (a)(1) (1982). “Disability” is defined as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment.” 42 U.S.C. § 423 (d)(1)(A) (1982). The Act further specifies that a claimant must “not only [be] unable to do his previous work but [must be unable], considering his age, education, and…