Wayne WINANS, Plaintiff/Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant/Appellee

Caution
820 F.2d 1519·18 Soc. Serv. Rev. 83
United States Court of Appeals for the Ninth CircuitJuly 7, 198786-3771California2,224 words

Opinion

Opinion

Anderson, J.

Wayne Winans appeals the denial of disability insurance benefits contending there is not substantial evidence to support the finding of no disability. We agree and reverse.

FACTS

On August 19, 1983, Winans applied for disability insurance benefits under Title II of the Social Security Act (“the Act”). His application alleged disability since June 18, 1982 due to narcolepsy. Narcolepsy is a rare syndrome of “recurrent attacks of sleep, sudden loss of muscle tone (cataplexy), hypnagogic hallucinations and sleep paralysis.” The Merck Manual of Diagnosis and Therapy 1412 (13th ed. 1977). Cataplexy, from which Winans also suffers, is “a condition in which there are abrupt attacks of muscular weakness and hypotonia triggered by an emotional stimulus such as mirth, anger, fear, or surprise. It is often associated with narcolepsy.” Dorland’s Illustrated Medical Dictionary 228 (26th ed. 1985).

Winans’ application was denied initially and upon reconsideration. Winans requested a hearing before an Administrative Law Judge (“AU”). On March 11, 1985, the AU found that Winans was not disabled. The AU concluded from medical records and testimony that Winans “does not have an impairment or…

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