[DOWNLOAD] "Haag v. Secretary of Health and Human Services" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Haag v. Secretary of Health and Human Services
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 31, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Before: MERRITT, JONES and WELLFORD, Circuit Judges MERRITT, Circuit Judge. Plaintiff John R. Haag appeals from the District Court's judgment affirming the Secretary's final decision denying him an award of disability benefits. Since there is substantial evidence in the record, including reports from two neurologists, that the plaintiff, who was a cable splicer, was not precluded from light or sedentary work by hypertension and muscle and nerve damage, the critical issue we now consider is whether plaintiff has transferable skills so that Rule 201.07 of the medical-vocational guidelines, 20 C.F.R. §§ 404.1501-1599 (1983) (the ""grid""), may be applied to plaintiff to deny him disability benefits. Rule 201.07 directs that an individual such as the plaintiff, who is over 55 and has completed high school and one year of college, is not disabled if he has transferable skills. The ALJ concluded that plaintiff has the transferable skills of supervisory abilities, manual and mental dexterity, eye-hand coordination, ability to work under tension, knowledge of electrical principles and coding schemes and how to plan a sequence of operation, simple record keeping, and assembly and inspection skills. (Tr. 139, 196.) Contrary to our recent holdings in Ellington v. Secretary of Health and Human Services, No. 82-1884 (6th Cir. July 6, 1984) (Slip Op.), and Richardson v. Secretary of Health and Human Services, No. 83-1161 (6th Cir. May 18, 1984) (Slip Op.), the ALJ clearly considered the plaintiff's aptitude as well as his learned abilities in making a determination as to what transferable skills plaintiff possessed. After carefully analyzing the various rules governing and regulations defining transferable skills in the grid, including 20 C.F.R. §§ 404.1565(a), 1568(b) and (d), and Rules 201.00(f), 201.05 and 201.08, we concluded that ""[t]he grid defines and treats skills as specific and articulable abilities which are learned . . . [and] which combine knowledge with coordinated physical movements."" Ellington, Slip Op. at 3, 4. We also strongly discouraged confusing these learned abilities with a claimant's aptitude and basic manual or intellectual skills for everyday existence.

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