Lawrence E. GAMER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Lawrence E. Gamer appeals the district court judgment affirming the decision of the Secretary of Health and Human Services (Secretary) to deny disability benefits. Gamer contends that: (1) the Administrative Law Judge (AU) failed to follow the Secretary’s regulations in considering how Gamer’s age would affect his ability to adjust to unskilled, entry-level work; (2) the AU made inadequate findings regarding pain; (3) the AU asked hypotheticals which improperly failed to include all of Gamer’s impairments; and (4) the Appeals Council failed to consider material evidence submitted after the decision of the AU.

We affirm in part, reverse in part, and remand to the agency for a new hearing.

FACTS AND PROCEEDINGS BELOW

Gamer, age 54, suffers from hypertension, upper and lower back pain, and pain in the left arm and hand. He has not engaged in his previous occupations as an auto mechanic and truck driver since October 21, 1981. Gamer is left-handed.

Gamer has received treatment since September 1982 for his medical problems. In March 1983 Gamer underwent surgery to have his left ulnar nerve repositioned, but the operation was unsuccessful. Medical examinations have revealed that…