Homer PENNY, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee
Opinion
Opinion
Lay, J.
Homer Penny appeals the judgment of the district court affirming the Secretary’s denial of his application for disability insurance benefits and supplemental security income benefits (SSI). The district court affirmed the ALJ’s conclusion that Penny was not “under any disability within the meaning of the Act at any time through the date of this decision” — May 17, 1989. Penny argues that the denial of his application is not supported by substantial evidence on the record as a whole and that the ALJ improperly rejected his claims of disabling pain. We reverse and remand to the district court with directions to enter judgment awarding both disability insurance benefits and SSI benefits.
I.
Homer Penny is 46 years old and has a ninth grade education. He had worked as a maintenance man in a winery for seventeen years. In 1980, Penny suffered a lifting injury that caused a ruptured disc. He declined surgery and was restricted from “heavy lifting or repeated bending.” Penny was terminated in 1982 because he could no longer meet the physical demands of the job. He has not worked since that time.
In November 1984, Penny had an auto accident that caused a neck injury. Shortly…