Joseph E. McLamore v. Caspar W. Weinberger, Secretary of Health, Education and Welfare

HAYNSWORTH, Chief Judge:

In a final decision, the Secretary of H.E.W. denied Social Security disability benefits to Joseph E. McLamore. Subsequently, McLamore sought review of the decision in district court pursuant to 42 U.S.C. § 405(g) (1970). The district court concluded that the record failed to support the Secretary’s denial of benefits and granted summary judgment for McLamore. The Secretary appeals from the summary judgment.

The question presented on appeal is whether the Secretary can discharge his affirmative burden of establishing claimant’s capacity to perform alternative jobs…