Homer Rhodes v. Richard S. Schweiker, Secretary of the Department of Health and Human Services

KILKENNY, Circuit Judge:

Rhodes appeals from a decision by the Secretary disallowing his claim for disability benefits. The only doctor to examine Rhodes since the onset of his alleged disability consistently concluded that Rhodes was disabled. An Administrative Law Judge [ALJ] found that Rhodes had not met his burden of proof. The district court affirmed.

Conceding that Rhodes “may well have been incapacitated periodically during the time under consideration,” the Secretary argues that Rhodes failed to meet his initial burden of proof of eligibility for benefits. See Giampaoli v. Califano, 628…