Frank DISTASIO, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health & Human Services, Defendant-Appellee

Good Law
47 F.3d 348·95 Daily Journal DAR 1533·1995 WL 45802·1995 U.S. App. LEXIS 1959·95 Cal. Daily Op. Serv. 840
United States Court of Appeals for the Ninth CircuitFebruary 2, 199593-35508California960 words

Opinion

Opinion

Trott, J.

I

Frank Distasio appeals a denial of disability benefits for the period after February 1990. Distasio claims that the Administrative Law Judge’s decision that he could perform light work and therefore was not disabled after that date was without foundation and was not based on substantial evidence. The government claims the denial was based on substantial evidence. We reverse and remand for an award of disability benefits.

II

Frank (or Francis) Distasio was born on June 27, 1939, and has completed at least 12 years of education. He joined the military in 1956 and was either active or in the reserves until 1962 or 1964. He worked off and on as a chef and baker from 1958 to 1988, and volunteered as a desk clerk in a homeless shelter for 3 months in 1989. He has not been gainfully employed since 1988, and is homeless.

Distasio claims he was treated for alcoholism in 1973 and in 1977, but that he has been sober since 1989. From 1984 to 1985, he says he was treated for grief and depression. He also reported multiple suicide attempts. Distasio further claims that violent, tragic deaths befell many members of his family over a short period of time. Because of this loss, Distasio’s…

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