Patrocinia Meneses v. Secretary of Health, Education and Welfare

The burden of establishing a disability claim under the Social Security Act has always been on the claimant. He must show an “inability to engage in any substantial gainful activity.” 42 U.S.C. § 423(d) (1) (A) (Supp. IV, 1965-68) (Emphasis added.) This means an inability to engage not only in one’s former occupation, but also in some other gainful activity. The majority reverses the decision of the Secretary because they claim that once the appellant has shown that he is no longer able to engage in merely his former employment there is a “burden on the Secretary to come forward with evidence…