Joseph Clem v. Louis W. Sullivan, Secretary, Hhs

Clem appeals from the district court’s entry of summary judgment in favor of the Secretary of Health and Human Services (Secretary). The district court held that the Secretary’s decision that Clem was not entitled to benefits was supported by substantial evidence. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

Beginning on May 7, 1984, Clem filed several applications for disability insurance benefits and supplemental security income on the basis of his inability to work due to lack of reading and writing skills. These applications were denied and on May 29, 1985, Clem requested a hearing. The hearing was held before an administrative law judge (ALJ) on September 23,1986. At the hearing, Clem presented evidence about his use of alcohol. The ALJ reviewed the record, made specific findings, and denied Clem’s application on the ground that Clem was not disabled within the meaning of the Social Security Act (Act). The Appeals Council decided that there were not sufficient grounds for review of the AU’s decision and therefore let the decision stand.

Pursuant to 42 U.S.C. §§ 405 (g) and 1383(c)(3), Clem then appealed to the district court.…