Fedor v. Celebrezze

Summary

The court reviewed the Secretary of Health, Education and Welfare's denial of the plaintiff's application for a disability freeze and disability benefits under the Social Security Act. It reversed the agency decision, holding that the record lacked a realistic showing that the plaintiff, who could no longer perform coal-mining work and had limited education and physical impairments, had a reasonable opportunity to obtain substantial gainful employment in another occupation.

Holdings

1. The Secretary's findings were without foundation in the record because the record failed to establish that plaintiff could perform specific light jobs or that he had a realistic opportunity to engage in substantial gainful employment.
2. It is not enough to speculate that a claimant might perform one of numerous light jobs; the record must realistically show both that the claimant could perform the identified work and that a reasonable opportunity existed for the claimant to obtain substantial gainful employment.

Questions Presented

1. Whether the Secretary's denial of a disability freeze and monthly disability benefits was supported by substantial evidence in the administrative record.
2. Whether merely suggesting unspecified light occupations, without evidence that plaintiff could perform them or that a reasonable opportunity existed for him to obtain such employment, satisfied the requirement of showing substantial gainful employment capacity.

Disposition

reversed