Ruiz-Olan v. SECRETARY, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Claimant’s February 1968 application for disability benefits was denied initially and also upon reconsideration. In histories taken by physicians and at the ensuing hearing, claimant asserted that he suffered from daily bronchial asthma attacks, and the vocational expert agreed that attacks of such frequency would be disabling under the Act. However, another medical history reported claimant’s statement that he had not suffered an attack in twelve days, and in response to a question about the frequency of the attacks a friend appearing on claimant’s behalf testified that claimant suffered the…