Dellosa v. Weinberger
In Dellosa v. Weinberger, 386 F.Supp. 1122 (E.D.Pa.1974), a deceased coal miner had worked in coal mines for 25 years, and suffered at least from simple pneumoconiosis.
He was killed in a mine accident. During the last year of his life, he could work only two days a week, and then unsatisfactorily without assistance from co-workers. The year before he died, he earned $2,744.46, the highest sum in the past 10 years.
The Administrative Law Judge nevertheless found that the miner was gainfully employed, giving weight to his earnings record.
Relying upon Social Security Ruling 73-36, the District Court remanded because the Administrative Law Judge failed to fully consider the testimony regarding the deceased miner's inability to adequately perform his work, and because of a misinterpretation of the earnings record.