Ramon GONZALEZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Ramon Gonzalez (“claimant”) appeals from the district court’s summary judgment in favor of the Secretary of Health and Human Services (“Secretary”), denying disability benefits under Title II and Title XVI of the Social Security Act (“Act”).

We vacate the judgment of the district court and remand the case to the Secretary for further proceedings.

Claimant was injured on December 5, 1978, while working as a cannery laborer. On November 30, 1979, claimant filed an application for Supplemental Security Income Benefits (“SSI”). The application was denied on January 3, 1980.

The Secretary affirmed the denial on April 21, 1980. Thereafter, the Claimant requested a hearing before an administrative law judge (“AU”). However, on October 2, 1980, prior to the hearing, the Claimant dismissed his request.

On April 15, 1981, the claimant (age 43) filed a new application for disability insurance benefits under Title II and for SSI benefits under Title XVI of the Act. The applications were denied, as were subsequent requests for reconsideration.

An administrative hearing was held on April 16, 1982. On May 4, 1982, the AU ruled that the claimant was not entitled to either disability or SSI…