(Download) "Kornock v. Harris" by Ninth Circuit United States Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Kornock v. Harris
- Author : Ninth Circuit United States Court of Appeals
- Release Date : January 17, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Verlyn Kornock applied for Social Security disability benefits. The Administrative Law Judge (ALJ) denied his claim. The decision of the ALJ was affirmed by the Appeals Council, and became the final decision of the Secretary of HEW. The United States District Court for the Central District of California upheld the denial of Kornock's claim. We reverse. Substituted as plaintiff after her husband Verlyn's death, appellant Barbara Kornock seeks disability benefits because of his bronchial asthma, allergies, and hypertension. The Secretary's findings of fact are conclusive on this court if supported by substantial evidence. Johnson v. Harris, 625 F.2d 311, 312 (9th Cir. 1980); Hall v. Secretary of Health, Education and Welfare, 602 F.2d 1372, 1374 (9th Cir. 1979). Substantial evidence is "" ""such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,' "" Walker v. Mathews, 546 F.2d 814, 818 (9th Cir. 1976), quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S. Ct. 1420, 1427, 28 L. Ed. 2d 842 (1971), and ""the reviewing court must ""look at the record as a whole and not merely at the evidence lending support to a finding.' "" Cox v. Califano, 587 F.2d 988, 989-90, quoting Walker, 546 F.2d at 818. Under the law of this circuit, the burden is upon the claimant to prove disability within the meaning of the Social Security Act. Giampaoli v. Califano, 628 F.2d 1190, at 1193 (9th Cir. 1980); Hall, 602 F.2d at 1375. After a claimant establishes a prima facie case of disability by showing inability to perform his or her previous employment, however, the burden shifts to the Secretary to prove that the claimant can engage in other types of substantial gainful work that exists in the national economy. Giampaoli, at 1192; Johnson, 625 F.2d at 312; Hall, 602 F.2d at 1375. In meeting this burden, the Secretary must take into consideration the requirements of specified jobs as well as the claimant's age, education, and background. 42 U.S.C. § 423(d)(2)(A); Johnson, 625 F.2d at 312; Hall, 602 F.2d at 1377.
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