Isaias Alvarado v. Joseph A. Califano, Jr., Secretary of Health, Education, and Welfare

We reverse the judgment below and remand to the Secretary of Health, Education, and Welfare for further proceedings consistent with this opinion.

The single question presented on this appeal is whether the Secretary’s decision that Mr. Alvarado was not “disabled” is supported by “substantial evidence.” 42 U.S.C. § 405(g) (1976); see Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). We have held that when no contradictory evidence is presented, a treating physician’s expert opinion is binding on the Secretary. See Bastien v. Califano, 572 F.2d 908, 912 (2d Cir.…