(DOWNLOAD) "Mclamore v. Weinberger" by United States Court of Appeals for the Fourth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mclamore v. Weinberger
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 05, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
HAYNSWORTH, Chief Judge In a final decision, the Secretary of H.E.W. denied Social Security disability benefits to Joseph E. McLamore. Subsequently, McLamore sought review of the decision in district court pursuant to 41 U.S.C. § 405 (g)(1970). The district court concluded that the record failed to support the Secretary's denial of benefits and granted summary judgment for McLamore. The Secretary appeals from the summary judgment. The question presented on appeal is whether the Secretary can discharge his affirmative burden of establishing claimant's capacity to perform alternative jobs without introducing the testimony of a vocational expert. Finding substantial evidence in the record to support the Secretary's decision, we reverse the district court and remand with direction to enter judgment for the Secretary. It is not disputed that McLamore presented a prima facie case of disability. His testimony at the hearing and his medical history demonstrate a back injury which prevented him from performing his customary occupation. His prior occupation was that of a general laborer.