Merlin F. Gilcrist v. Richard Schweiker, Secretary of Health and Human Services

Appellant Gilcrist sought review in the district court of the Secretary’s denial of his claim for disability benefits. Gilcrist claims that he became totally disabled as a result of back pain. The Administrative Law Judge (ALJ) reached his conclusion that disability was not established, in part on his personal observation that Gilcrist did not exhibit signs of long-time suffering such as drawn features, loss in weight and muscle atrophy, “as well as a medical history replete with efforts to alleviate pain.” On appeal, the district court did not pass on whether the ALJ decision was based on an…