Rodney BURKHART, Plaintiff-Appellant, v. Otis R. BOWEN, Defendant-Appellee

Bad Law
856 F.2d 1335·1988 WL 91826·1988 U.S. App. LEXIS 12176
United States Court of Appeals for the Ninth CircuitSeptember 7, 198887-3930California2,864 words

Opinion

Opinion

Ferguson, J.

Rodney Burkhart (“Burkhart”) appeals the district court’s order affirming the decision of the Secretary of Health and Human Services (“Secretary”) to deny Burkhart disability insurance and supplemental security income (“SSI”) benefits. Burkhart argues that the Secretary applied an improper legal standard and that the Secretary’s decision is not supported by substantial evidence. We reverse and remand for vocational testimony.

I.

Burkhart was 44 years old when he applied for disability and SSI benefits in June, 1985. He had been a truck driver for over 20 years.

In July, 1979, Burkhart visited Dr. Norris-Pearce, a neurologist, to complain of blurred vision. Dr. Norris-Pearce summarized his pertinent findings as left papil-ledema, weakness of the left sixth cranial nerve, questionable weakness of the left wrist extensors and a nuclear brain scan within normal limits.

In February, 1980, Burkhart saw Dr. Anderson, a neurological surgeon, who diagnosed retrobulbar neuritis.

In March, 1980, Burkhart saw Dr. Myers, who performed a complete neurological examination. Dr. Myers found all testing to be within normal limits — including an EEG —and diagnosed optic (retrobulbar) neuritis…

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