Garay v. Secretary of Health And Human Services

Per Curiam. Claimant Antonio Rivera Garay filed an application for social security disability benefits on January 9, 1990, alleging disability due to a back and leg condition, associated pain, and an anxiety disorder. After a hearing, the Administrative Law Judge (ALJ) conceded that claimant had a severe impairment or impairments, but concluded that claimant was not disabled at step 4 of the sequential evaluation process, 20 C.F.R. § 404.1520(e), on the ground that claimants impairments did not preclude his return to his former job as a lottery ticket vendor. The ALJ based this determination on the testimony of a vocational expert at the hearing that an individual with claimants impairments, as described by the ALJ, could perform that job.