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

Good Law
782 F.2d 1484·12 Soc. Serv. Rev. 236·1986 U.S. App. LEXIS 22242
United States Court of Appeals for the Ninth CircuitFebruary 14, 198684-6189California2,115 words

Opinion

Opinion

Norris, J.

Appellant James Howard brought this action under 42 U.S.C. § 405 (g) (1982) after the Social Security Administration denied his application for disability benefits. The District Court, 594 F.Supp. 457 , determined that substantial evidence supported the administrative decision and granted summary judgment for the defendant. We reverse.

I

Howard was born on July 29, 1927 and completed the seventh grade. He has held jobs as a skilled carpenter and as a layer, sander and finisher of hardwood floors. A congenital speech impediment makes his voice nasal and difficult to understand. Since September 14, 1974, he has been unemployed.

Howard’s claim of complete disability rests upon the allegation that since 1974 he has been afflicted with continual debilitating pain. According to his testimony, he underwent back surgery in 1964 and, after a nine-month convalescence, resumed work despite pain in his back and legs. Howard testified that this pain steadily worsened until he developed a constant burning sensation on the soles of his feet that made it excruciating to stand or to walk short distances. Filially, the pain forced him to quit his long-time floor-installation job on September…

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