Beavers V. Mathews

Orville Beavers is 36 years old, and has not worked since 1972. Shortly after he was laid off from his construction job "until his back got well," because he had been missing so much work, he applied for social security disability benefits. After a hearing, an administrative law judge held that he was totally disabled, and entitled to benefits. The Appeals Council took up the case on its own motion, and reviewed the record, considering also reports from an orthopedic surgeon who, at the request of the Council, examined the various medical reports and, without seeing the plaintiff, concluded that he was employable. It reversed the administrative law judge's decision and denied benefits.