Krumme v. Califano

MEMORANDUM AND ORDER

OLIVER, Chief Judge.

In this case plaintiff seeks judicial review of a decision by the Secretary of the Department of Health, Education and Welfare, denying plaintiff’s application for disability benefits under the Social Security Act, 42 U.S.C. § 423 (1970). Jurisdiction is based on 42 U.S.C. § 405(g).

Pending are cross motions for summary judgment. For the reasons we shall state, defendant’s motion will be denied, plaintiff’s motion will be granted, and the case will be remanded for further proceedings.

I

On January 19, 1976, plaintiff filed his application for disability…