Lackey v. Celebrezze

SOBELOFF, Circuit Judge: More than four years ago, on March 28, 1961, Ishmael Lackey, of Dingess, West Virginia, filed his application with the Social Security Administration for a period of disability and disability insurance benefits under sections 216(i) and 223 of the Social Security Act of 1935 (as amended), 42 U.S.C.A. §§ 416(i) and 423 (1964). He complained of inability to work due to high blood pressure, ""lung trouble,"" a ""broken left foot,"" dizziness and poor hearing. The Social Security Administration's Division of Disability Operations recognized that Lackey's health and physical condition were impaired, but did not consider him disabled. Its hearing examiner held that except for claimant's limp there was no evidence of a disability, and therefore denied the application. His decision, which became that of the Secretary, was affirmed by the District Court, and is now before us on appeal. Lackey claims that there is a lack of substantial evidence in the record to support the Secretary's conclusion. For the reasons to be stated, we agree with Lackey's contention.