Terry A. ZENKER, Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Appellee

The administrative record in this case clearly establishes that Zenker cannot perform his present job as a dishwasher at the Elks Lodge on a full-time basis. As the majority concedes, Zenker’s wife, employer, rehabilitation counselor and treating physician all testified to this fact. In light of this testimony, I cannot understand how the majority can deny Zenker the benefits to which he is entitled. For this reason, I respectfully dissent.

In the face of substantial contradicting evidence, the majority argues that Zenker must be denied benefits because he stated at the administrative hearing…