Solis v. United States Secretary of Health, Ed. and Welfare

1 Citing case

  1. Clarke v. Mathews

    420 F. Supp. 1050 (D. Md. 1976)

    Nonmedical factors, such as age, education and work experience, all of which must be considered by the Secretary in worker's disability claims, see 42 U.S.C. s 423(d)(2)(A), must be excluded from consideration in widow's disability claims. S.Rep.No.744, 90th Cong., 1st Sess. 49-50 (1967), U.S.Code Cong. & Admin.News 1954, p. 2834; H.R.Rep.No.544, 90th Cong., 1st Sess. 26-31 (1967); Solis v. Secretary of Health, Education & Welfare, 372 F.Supp. 1223, 1225 (D.P.R.1973); Truss v. Richardson, 338 F.Supp. 741, 743 (E.D.Mich.1971); Wright v. Richardson, 320 F.Supp. 931 (W.D.Va.1970) .          Pursuant to the authority vested in him by 42 U.S.C. ss 405(b) and 423(d)(2) (B), the Secretary has promulgated regulations which establish the level of severity sufficient to preclude an individual from engaging in any gainful activity. The regulations provide two methods by which a claimant may demonstrate that she is disabled.