Silvestre Chavez v. Department of Health and Human Services

Silvestre Chavez appeals the judgment affirming the final decision of the Commissioner of the Social Security Administration denying his claim for disability benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-422 and 42 U.S.C. §§ 1381 -1383d. The district court had subject matter jurisdiction under 42 U.S.C. § 405 (g). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

For the first time in this Circuit we are called upon to address the interpretation of the word “or” in Rule 201.23 of the Social Security Regulations. 20 C.F.R. Pt. 404, Subpt. P, App. 2, § 201.23. Rule 201.23 applies, inter alia, to those disability claimants with an educational level, described as “illiterate or unable to communicate in English.” Chavez has back pain that he says keeps him from performing heavy manual labor, and his educational deficits bar him from most desk jobs.

In Social Security Acquiescence Ruling 86-3(5) (“AR 86-3(5)”) to Martinez v. Heckler, 735 F.2d 795 (5th Cir.1984), the Secretary interpreted the usually disjunctive “or” in this regulation to be conjunctive, applying the rule to a claimant, who, like Chavez, could no longer perform heavy physical…