Richard A. SUMMERS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health, Education and Welfare, Defendant-Appellee

Summers applied for and was denied social security disability benefits. After a hearing, the AU found the medical evidence established that Summers suffered from severe impairments consisting of back difficulties and rheumatoid arthritis, and that his subjective complaints, including pain, were “fully credible and supported by the medical evidence.” Upon consideration of Summers’ age, education, and work experience, the AU determined Summers was disabled. The Appeals Council reversed, concluding Summers was not disabled.

The Council’s key finding, for purposes of this appeal, is Finding No. 4, which states: “The claimant’s subjective complaints are inconsistent with the medical evidence of record which does not reflect the degree of severity alleged.” The Council did not dispute the AU’s findings as to the nature of Summers’ physical impairments, and made no mention of the AU’s finding that Summers’ complaint of pain was fully credible.

The district court noted Summers’ testimony as to his pain and said “if that testimony is believed, plaintiff is totally disabled.” Summers v. Heckler, 618 F.Supp. 475, 476 (D.Mont.1985). However, the court also concluded that in making Finding…