Paul N. Forrest v. F. David Mathews, Secretary of Health, Education and Welfare

590 F.2d 571, 1979 U.S. App. LEXIS 17490

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 18, 1979
• Docket: 76-2031
• Status: Published

Opinions

PER CURIAM:

Paul N. Forrest sought review of a final decision by the Secretary of Health, Education, and Welfare that awarded him disability benefits under the Social Security Act, 42 U.S.C. §§ 416(i) and 423, but fixed the onset of his disability at May 22, 1974, rather than October 6, 1972, as he requested. The district court found substantial evidence to support the Secretary’s decision as to the date of onset, and Forrest appealed.

The Social Security Act provides benefits to persons disabled by a medically determinable physical or mental impairment. 42 U.S.C. § 423. In deciding whether a particular impairment has disabled a person from engaging in gainful employment, the Secretary must consider all the facts of the case. 20 C.F.R. § 404.1502(a). Special consideration is afforded a person whose age, education, and long employment as an unskilled laborer make him a poor prospect for further employment. 20 C.F.R. § 404.1502(c). The predicate for any favorable consideration, however, must be a medically determinable impairment as required by 42 U.S.C. § 423(d)(1)(A). The Secretary has found that Forrest did not show his impairment was medically determinable until May 22, 1974. Since the Secretary’s finding is supported by substantial evidence, we uphold his conclusion and affirm the judgment of the district court.

AFFIRMED.