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EIDEN v. SECRETARY OF HEALTH, ED. AND WELFARE

No. 805, Docket 79-6149.

616 F.2d 63 (1980)

Claire EIDEN, Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 29, 1980.

Attorney(s) appearing for the Case

Toby Golick, New York City (Legal Services for the Elderly Poor), for appellant.

Edward R. Korman, U.S. Atty., E. D. N.Y., Brooklyn, N.Y. (Mary McGowan Davis, Joan M. Dolan, Robert L. Begleiter, Asst. U.S. Attys., Brooklyn, N.Y., of counsel), for appellee.

Before KAUFMAN, Chief Judge, TIMBERS, Circuit Judge, and WERKER, District Judge.

IRVING R. KAUFMAN, Chief Judge:

We reverse the judgment below and remand to the Secretary for further proceedings consistent with this opinion.

Once again we are compelled to reverse the Secretary's determination that a claimant is not "disabled" within the meaning of 42 U.S.C. § 423(d)(1). Although the Secretary's decision will be affirmed when it is supported by "substantial evidence," id. § 405(g); Richardson v. Perales, ...

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