Joseph R. POLNY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

Joseph R. Polny applied in 1984 for Supplemental Security Income benefits on the grounds of disability. An administrative law judge found him not disabled. The Appeals Council denied review. The Secretary of Health and Human Services (the Secretary) thereby denied Polny’s application. Polny brought suit in 1986 in the district court under 42 U.S.C. § 405 (g). On the basis of findings and recommendations of a magistrate, the district court granted summary judgment for the Secretary. We reverse and remand.

BACKGROUND

Joseph R. Polny was born November 7, 1957. He has a high school general equivalency degree and one year of training in the field of accounting. He spent six years as an Army reservist working as a cook. As a civilian he has been a cook, a baker, a warehouse worker, a swimming pool cleaner, a cab driver, and a delivery truck driver. In January 1979 while driving for University Stereo, he was held up at gun point and the truck hijacked. The robbery caused him to become anxious and depressed. He has worked at no civilian job longer than four months.

Evidence presented on behalf of Polny in support of his claim of disability showed him to be emotionally unstable,…