(DOWNLOAD) "Blankenship v. Secretary of Health and Human Services" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Blankenship v. Secretary of Health and Human Services
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 16, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Order Arnold Blankenship appeals a judgment affirming the Secretary's denial of his application for social security disability benefits. 42 U.S.C. § 401. His case has been referred to a panel of this court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, the panel unanimously agrees that oral argument is not needed. Fed. R. App.P. 34(a). In addition, both parties have waived oral argument in this case. Blankenship alleged that he became disabled due to pain in his back and coal miners' pneumoconiosis. An administrative law judge (""ALJ"") found that Blankenship had severe musculoskeletal and pulmonary impairments and that he could not perform his past work. However, the ALJ also found that Blankenship retained the ability to perform medium work subject to certain nonexertional limitations. Thus, the ALJ determined that Blankenship was not disabled by relying on vocational testimony within the framework of the medical-vocational guidelines (""grids"") that are found at 20 C.F.R. Part 404, Subpart P, App.2. On August 21, 1990, the appeals council affirmed the ALJ's findings in part but found that the grids directed a finding of disability when Blankenship became 60 years of age. On January 28, 1991, the district court entered a judgment in favor of the Secretary because it found that there was substantial evidence which indicated that Blankenship could perform a significant number of jobs prior to his 60th birthday. It is from this judgment that Blankenship now appeals.
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