Manuel A. Miranda v. Sec'y of Health, Educ. & Welfare, 514 F.2d 996 (1st Cir. 1975). · Go Syfert
Manuel A. Miranda v. Sec'y of Health, Educ. & Welfare, 514 F.2d 996 (1st Cir. 1975). Cases Citing This Book View Copy Cite
“it would be wrong for the secretary to terminate an earlier finding of disability on no basis other than his reappraisal of the earlier evidence.”
235 citation events (42 in the last 25 years) across 39 distinct courts.
Strongest positive: Berrios-Ortiz v. Commissioner of Social Security (prd, 2019-09-23)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Berrios-Ortiz v. Commissioner of Social Security (2×) also: Cited "see, e.g."
D.P.R. · 2019 · quote attribution · 1 verbatim quote · confidence low
it would be wrong for the secretary to terminate an earlier finding of disability on no basis other than his reappraisal of the earlier evidence.
cited Cited as authority (rule) Navarro v. Commissioner of Social Security-DEFENDANT
D.P.R. · 2024 · confidence medium
Sept. 23, 2019); Sampson v. Califano, 551 F.2d 881, 882 (1st Cir. 1977); Miranda v. Sec’y of Health, Ed. & Welfare, 514 F.2d 996, 998 (1st Cir. 1975).
cited Cited as authority (rule) Picon-Gonzalez v. Commissioner of Social Security
D.P.R. · 2024 · confidence medium
Sept. 23, 2019); Sampson v. Califano, 551 F.2d 881, 882 (1st Cir. 1977); Miranda v. Sec’y of Health, Ed. & Welfare, 514 F.2d 996, 998 (1st Cir. 1975).
discussed Cited as authority (rule) REGAN v. COMMISSIONER OF SOCIAL SECURITY (2×)
D.N.J. · 2024 · confidence medium
Finally, “‘once having found a disability, the [Commissioner] may not terminate the benefits without substantial evidence to justify so doing.’” Kuzmin, 714 F.2d at 1238 (quoting Miranda v. Sec'y of Health, Educ. and Welfare, 514 F.2d 996, 998 (1st Cir. 1975)).
discussed Cited as authority (rule) Vazquez v. Commissioner of Social Security
D.P.R. · 2024 · confidence medium
Sept. 23, 2019); Sampson v. Califano, 551 F.2d 881, 882 (1st Cir. 1977); Miranda v. Sec’y of Health, Ed. & Welfare, 514 F.2d 996, 998 (1st Cir. 1975); United States v. Utah Construction & Mining Co., 384 U.S. 394, 421-22 (1966).
discussed Cited as authority (rule) I. A. v. Commissioner of the Social Security Administration
D. Mass. · 2024 · confidence medium
The “substantial evidence” standard is one where “a reasonable mind, reviewing the evidence in the record as a whole, could accept it as adequate to support [her] conclusion.” Miranda v. Secretary of Health, Ed. & Welfare, 514 F.2d 996, 998 (1st Cir. 1975); Sousa v. Astrue, 783 F. Supp. 2d 226, 232 (D.
discussed Cited as authority (rule) Joel L. v. Kijakazi
D.R.I. · 2023 · confidence medium
The obligation to develop the record requires the Commissioner to “make an investigation that is not wholly inadequate under the circumstances.” Miranda v. Sec’y of Health, Educ. & Welfare, 514 F.2d 996, 998 (1st Cir. 1975).
discussed Cited as authority (rule) Mason v. Social Security Administration
D. Mass. · 2023 · confidence medium
The “substantial evidence” standard is one where “a reasonable mind, reviewing the evidence in the record as a whole, could accept it as adequate to support his conclusion.” Miranda v. Sec’y of Health, Ed. & Welfare, 514 F.2d 996, 998 (1st Cir. 1975); Sousa v. Astrue, 783 F. Supp. 2d 226, 232 (D.
discussed Cited as authority (rule) SAGAN v. COMMISSIONER OF SOCIAL SECURITY
D.N.J. · 2022 · confidence medium
Finally, “‘once having found a disability, the [Commissioner] may not terminate the benefits without substantial evidence to justify so doing.’” Kuzmin, 714 F.2d at 1238 (quoting Miranda v. Sec'y of Health, Educ. and Welfare, 514 F.2d 996, 998 (1st Cir. 1975)).
cited Cited as authority (rule) Lagorio v. US Social Security Administration, Commissioner
D.N.H. · 2020 · confidence medium
See Sims, 530 U.S. at 110-111 ; Currier v. Sec’y of Health, Educ. & Welfare, 612 F.2d 594, 598 (1st Cir. 1980) (citing Miranda v. Sec’y of Health, Educ. & Welfare, 514 F.2d 996, 998 (1st Cir. 1975)).
cited Cited as authority (rule) Richard Joseph Lagorio v. P Andrew Saul, Commissioner of Social Security
D.N.H. · 2020 · confidence medium
See Sims, 530 U.S. at 110-111 ; Currier v. Sec’y of Health, Educ. & Welfare, 612 F.2d 594, 598 (1st Cir. 1980) (citing Miranda v. Sec’y of Health, Educ. & Welfare, 514 F.2d 996, 998 (1st Cir. 1975)).
discussed Cited as authority (rule) Brooks v. Colvin
D. Mass. · 2016 · confidence medium
Moreover, the First Circuit has “long recognized that social security proceedings ‘are not strictly adversarial.’ ” Evangelista, 826 F.2d at 142 (quoting Miranda v. Sec’y of HEW, 514 F.2d 996, 998 (1st Cir. 1975)).
discussed Cited as authority (rule) Howe v. Colvin
D.R.I. · 2015 · confidence medium
In furtherance of the remedial purposes, the “social security proceedings ‘are not strictly adversarial.’ ” Evangelista v. Sec’y of Health & Human Servs., 826 F.2d 136, 142 (1st Cir.1987)) (quoting Miranda v. Sec’y of Health, Ed. and Welfare, 514 F.2d 996, 998 (1st Cir.1975)).
discussed Cited as authority (rule) Hardy v. BH EX REL. GH
W. Va. · 2011 · confidence medium
Miranda v. Secretary, 514 F.2d 996, 998 (1st Cir.1975); Byron v. Heckler, 742 F.2d 1232, 1236 (10th Cir.1984); Torres v. Schweiker, 682 F.2d 109 (3rd Cir.1982); Hayes v. Secretary of Health, Education and Welfare, 656 F.2d 204 (6th Cir.1981); Weber v. Harris, 640 F.2d 176 (8th Cir.1981); Finnegan v. Matthews, 641 F.2d 1340 (9th Cir.1981); and Simpson v. Schweiker, 691 F.2d 966, 969 (11th Cir.1982).
cited Cited as authority (rule) Corrigan v. Barnhart
D. Mass. · 2004 · confidence medium
Miranda v. Secretary of Health, Educ. and Welfare, 514 F.2d 996, 998 (1st Cir.1975).
cited Cited as authority (rule) Beatrice Johnson v. SSA
D.N.H. · 2003 · confidence medium
Sec’y of Health, Education, and Welfare, 514 F.2d 996, 998 (1st Cir. 1975) (internal quotation marks omitted).
cited Cited as authority (rule) Seavey v. Social Security
1st Cir. · 2001 · confidence medium
Miranda v. Sec'y of Health, Educ. & Welfare, 514 F.2d 996, 998 (1st Cir.1975).
discussed Cited as authority (rule) Cunningham v. Apfel
D. Mass. · 1998 · confidence medium
Once disability benefits are awarded, the Administration can discontinue those benefits if there is medical improvement sufficient to enable the recipient to engage in substantial gainful activity or if the recipient’s “condition is not as serious as was at first supposed.” Miranda v. Secretary of Health, Educ. & Welfare, 514 F.2d 996, 998 (1st Cir.1975).
discussed Cited as authority (rule) Wilkins v. SSA
D.N.H. · 1998 · confidence medium
This burden entails furnishing "reguisite medical and other evidence within [the claimant'] grasp . . . and show[ing] reasonable diligence in maintaining his claim." Miranda v. Secretary of Health, Ed. & Welfare, 514 F.2d 996, 998 (1st Cir. 1975) (citations omitted).
discussed Cited as authority (rule) Dedis v. Chater (2×) also: Cited "see"
D. Mass. · 1997 · confidence medium
Once benefits are awarded, they may be terminated only if “a claimant has improved to the point of being able to engage in substantial gainful activity” or if his or her “condition is not as serious as was at first supposed.” Miranda v. Secretary of Health, Ed. & Welfare, 514 F.2d 996, 998 (1st Cir. *49 1975).
discussed Cited as authority (rule) Niemi v. Shalala, Sec. of HHS
1st Cir. · 1996 · confidence medium
Moreover, we have indicated that, while the Secretary "must make an investigation that is not wholly inadequate under the circumstances," Miranda v. Secretary of HEW, 514 F.2d 996, 998 (1st Cir.1975), she need not "go to inordinate lengths to develop a claimant's case," Thompson v. Califano, 556 F.2d 616, 618 (1st Cir.1977); accord, e.g., Currier v. Secretary of HEW, 612 F.2d 594, 598 (1st Cir.1980) (Secretary's obligation requires attempt "without undue effort" to fill evidentiary gaps by, inter alia, ordering "easily obtained" medical reports).
discussed Cited as authority (rule) Prentis BATTLES, Jr., Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee
8th Cir. · 1994 · confidence medium
While the Secretary is correct that she is in under no duty to “go to inordinate lengths to develop a claimant’s case[,]” Thompson v. Califano, 556 F.2d 616, 618 (1st Cir.1977), it is also true that she must “make an investigation that is not wholly inadequate under the circumstances.” Miranda v. Secretary of Health, Educ. & Welfare, 514 F.2d 996, 998 (1st Cir.1975).
cited Cited as authority (rule) Carey v. HHS
D.N.H. · 1994 · confidence medium
Secretary of Health Education and Welfare, 514 F.2d 996, 998 (1st Cir. 1975).
cited Cited as authority (rule) Cashman v. Shalala
D. Mass. · 1993 · confidence medium
But while pain is ‘subjective,’ clinical techniques may shed some light on the probability of its existence, magnitude and disabling effect.” 514 F.2d 996, 1000 (1st Cir.1975).
discussed Cited as authority (rule) Diaz v. Secretary of Health and Human Services
D.P.R. · 1992 · confidence medium
It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389 , 91 S.Ct. 1420, 1427 , 28 L.Ed.2d 842 (1971), quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197 , 59 S.Ct. 206, 217 , 83 L.Ed. 126 (1938); Accord Kent v. Schweiker, 710 F.2d 110, 114 (3rd Cir.1983); and Miranda v. Secretary of HEW, 514 F.2d 996, 998 (1st Cir.1975).
discussed Cited as authority (rule) Gonzalez v. Secretary of Health and Human Services
D.P.R. · 1991 · confidence medium
The driving force behind the De-blois decision is the concept that Social Security hearings are “not strictly adversarial,” Miranda v. Secretary of HEW, 514 F.2d 996, 998 (1st Cir.1975), and that where a claimant’s failures of proof may be so easily remedied by the intervention of the AU, it would work a substantial injustice for the AU to withhold such intervention.
discussed Cited as authority (rule) Frances GUGLIETTI, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant (2×)
1st Cir. · 1990 · confidence medium
She sought judicial review, claiming that the termination was unlawful in the absence of a "medical improvement." See Miranda v. Secretary of Health, Education & Welfare, 514 F.2d 996, 998 (1st Cir.1975).
discussed Cited as authority (rule) Anton L. Hendricks v. Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendant (2×)
7th Cir. · 1988 · confidence medium
In Cassiday, we held that the Secretary normally could not terminate disability benefits absent a finding that the claimant had " 'improved to the point of being able to engage in substantial gainful activity.' " Id. at 747 (quoting Miranda v. Secretary of Health, Educ. and Welfare, 514 F.2d 996, 998 (1st Cir.1975)).
discussed Cited as authority (rule) Bruce W. KEATING, Sr., Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
1st Cir. · 1988 · confidence medium
The standard is not employ-ability, but capacity to do the job; “... not whether claimant could actually locate a job but whether health limitations would prevent him from engaging in substantial gainful work.” Miranda v. Secretary of Health, Education and Welfare, 514 F.2d 996, 998 (1st Cir.1975).
discussed Cited as authority (rule) Jones v. Bowen
D. Mass. · 1988 · confidence medium
APPLICABLE LAW In reviewing a final decision of the Secretary terminating benefits, focus is properly placed on whether that decision is supported by substantial evidence. 42 U.S.C. § 405 (g); Lizotte v. Secretary of Health and Human Services, 654 F.2d 127 , 128 *135 (1st Cir.1981); Miranda v. Secretary of Health, Education and Welfare, 514 F.2d 996, 998 (1st Cir.1975).
discussed Cited as authority (rule) Samuel C. EVANGELISTA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
1st Cir. · 1987 · confidence medium
See Albors v. Secretary of Health and Human Services, 817 F.2d 146, 147 (1st Cir.1986) (per curiam); Miranda v. Secretary of HEW, 514 F.2d 996, 1000 (1st Cir.1975) (“the Secretary is not at the mercy of every claimant’s subjective assertions of pain”).
discussed Cited as authority (rule) May v. Bowen
D. Me. · 1987 · confidence medium
In finding that this was sufficient to raise the issue of whether the claimant could engage in her former type of work without being exposed to substances to which she was allergic, the court stated that she did not fail altogether to raise the point to the Secretary, and, as we said in Miranda v. Secretary, 514 F.2d 996, 998 (1st Cir.1975), the rules respecting burden of proof and reasonable diligence in proceedings of this type “resist translation into absolutes, ... because social security proceedings are not strictly adversarial.” In the interest of ensuring a just outcome we believe t…
cited Cited as authority (rule) Cruz v. Bowen
D. Mass. · 1986 · confidence medium
Miranda v. Secretary of Health, Education, and Welfare, 514 F.2d 996, 1000 (1st Cir.1975).
cited Cited as authority (rule) Milonas v. Heckler
D. Mass. · 1986 · confidence medium
Id. at 618 ; Miranda v. Secretary of Health, Education and Welfare, 514 F.2d 996, 1000 (1st Cir.1975).
cited Cited as authority (rule) Arroyo v. Secretary of Health & Human Services
D.P.R. · 1985 · confidence medium
Richardson v. Perales, 402 U.S. 389, 401 , 91 S.Ct. 1420, 1427 , 28 L.Ed.2d 842 (1971); Miranda v. Secretary of Health, Education and Welfare, 514 F.2d 996, 998 (1st Cir.1975).
discussed Cited as authority (rule) Migneault v. Heckler (2×)
D.R.I. · 1985 · confidence medium
The issue presented for determination in the instant case is whether substantial evidence exists on the record to support the decision of the Secretary that plaintiff failed to establish that he was under a disability within the meaning of the Act. (“Substantial evidence” of course, is proof which “ ‘a reasonable mind might accept as adequate to support a conclusion.’ ” Miranda v. Secretary of H.E.W., 514 F.2d 996, 998 (1st Cir.1975), quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206, 217 , 83 L.Ed. 126 (1938)).
cited Cited as authority (rule) Bulpett v. Heckler
D. Mass. · 1985 · confidence medium
Miranda v. Secretary of HEW, 514 F.2d 996, 999-1000 (1st Cir.1975).
discussed Cited as authority (rule) James WINN, Plaintiff, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant, Appellee (2×)
1st Cir. · 1985 · signal: cf. · confidence medium
Cf. Miranda v. Secretary of Health, Education and Welfare, 514 F.2d 996, 999 (1st Cir.1975) (a medically diagnosed current impairment that might cause pain is sufficient to require the Secretary to consider the subjective complaints of pain).
discussed Cited as authority (rule) Colella v. Heckler
E.D. Pa. · 1985 · confidence medium
Miranda v. Secretary of Health, Education & Welfare, 514 F.2d 996, 998 (1st Cir.1975); Singleton v. Schweiker, 551 F.Supp. 715, 723 (E.D.Pa.1982); Shaw v. Schweiker, 536 F.Supp. 79, 82-83 (E.D.Pa.1982); Timblin v. Harris, 498 F.Supp. 1107, 1108 (W.D.Pa.1980).
examined Cited as authority (rule) Malland v. Department of Retirement Systems (4×) also: Cited "see"
Wash. · 1985 · confidence medium
The Miranda court also recognized that cancellation of a disability benefit is justified when medical evidence is ambiguous: "the Secretary is entitled, on the basis of his overall evaluation of the claim including Miranda's credibility, to rule one way or the other." Miranda , at 1000. 3.
cited Cited as authority (rule) Newbury v. Heckler
D. Mass. · 1984 · confidence medium
Miranda v. Secretary, HEW, 514 F.2d 996, 998 (1st Cir. 1975).
cited Cited as authority (rule) Hill v. Heckler
W.D. Okla. · 1984 · confidence medium
As for the claimant, he continues at all times under a duty to exercise reasonable diligence in furnishing the Secretary with evidence relevant to his claim. 514 F.2d at 998 (emphasis added).
discussed Cited as authority (rule) Turner v. Heckler
N.D. Ind. · 1984 · confidence medium
In Cassiday , the Seventh Circuit quoted with approval the bur *605 den of proof analysis set forth in Miranda v. Secretary of Health, Education, and Welfare, 514 F.2d 996, 998 (1st Cir.1975): And once having found a disability, the Secretary may not terminate the benefits without substantial evidence to justify so doing.
discussed Cited as authority (rule) Duane SWITZER, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1984 · confidence medium
This will normally consist of current evidence showing that a claimant has improved to the point of being able to engage in substantial gainful activity; but it might also consist of evidence that claimant’s condition is not as serious as was at first supposed,” 663 F.2d at 747 (quoting Miranda v. Secretary of Health, Education and Welfare, 514 F.2d 996, 998 (1st Cir.1975)).
discussed Cited as authority (rule) Jorge L. SUAREZ, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
1st Cir. · 1984 · confidence medium
The AU, although empowered to make credibility determinations and to resolve conflicting evidence, Miranda v. Secretary of HEW, 514 F.2d 996, 1000 (1st Cir.1975), was not at liberty simply to ignore uncontroverted medical reports.
cited Cited as authority (rule) Dias v. Secretary of Health & Human Services
D. Mass. · 1984 · confidence medium
Geoffroy v. Secretary, HHS, 663 F.2d 315, 319 (1 Cir. 1981); Lizotte v. Secretary, HHS, 654 F.2d 127, 128 (1 Cir.1981); Miranda v. Secretary, HEW, 514 F.2d 996, 998 (1 Cir. 1975).
discussed Cited as authority (rule) Robinson v. Heckler
D.D.C. · 1984 · confidence medium
Some courts have stated that improvement may be shown by "evidence that claimant’s condition is not as serious as was at first supposed.” Miranda v. Secretary of Health, Education and Welfare, 514 F.2d 996, 998 (1st Cir.1975); accord Weber v. Harris, 640 F.2d 176, 178-79 (8th Cir. 1981).
discussed Cited as authority (rule) Abair v. Secretary, Health & Human Services
D. Mass. · 1984 · confidence medium
Substantial evidence is “evidence that ‘a reasonable mind might accept as adequate to support a conclusion.’ ” Miranda v. Secretary of Health, Education & Welfare, 514 F.2d 996, 998 (1st Cir.1975) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206, 216 , 83 L.Ed. 126 (1938)).
discussed Cited as authority (rule) Cruz v. Secretary of Health & Human Services
D.P.R. · 1984 · confidence medium
To meet his burden, the Secretary may present “current evidence showing that [the] claimant has improved to the point of being able to engage in substantial gainful activity ... [or] that claimant’s condition is not as serious as was first supposed.” Miranda v. Secretary of Health, Education and Welfare, 514 F.2d 996, 998 (1st Cir.1975).
cited Cited as authority (rule) Robinson v. Heckler
D. Me. · 1984 · confidence medium
Miranda v. Secretary of HEW, 514 F.2d 996, 998 (1st Cir.1975).
Retrieving the full opinion text from the archive…
Manuel A. MIRANDA, Plaintiff-Appellee,
v.
SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellant
74-1362.
Court of Appeals for the First Circuit.
Apr 14, 1975.
514 F.2d 996
Morton Hollander, Atty., Dept, of Justice, with whom Carla A. Hills, Asst. Atty. Gen., New York City, Julio Morales Sanchez, U. S. Atty., San Juan, P. R., William Kanter, and Paul Blankenstein, Attys., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for appellant., Osvaldo Perez Marrero, Hato Rey, P. R., with whom Plinio Perez Marrero, Hato Rey, P. R., was on brief, for appel-lee.
Coffin, Ald-Rich, Campbell.
Cited by 149 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: D. Puerto Rico (1)
LEVIN H. CAMPBELL, Circuit Judge.

The Secretary of Health, Education and Welfare has filed an appeal from a decision of the district court overturning the Secretary’s termination of social security disability benefits, 42 U.S.C. § 423, previously granted to Manuel A. Miranda. In reversing, the court remanded to the Secretary for further proceedings consistent with its views. The Secretary now contends that the legal standards invoked by the court and which he has been directed to follow are erroneous. The case is properly before us. See Lopez v. Secretary, 512 F.2d 1155 (1st Cir. 1975).

The district court’s reversal and •remand were premised on several grounds. The second of these is a ground held to be erroneous in Lopez, to wit that the Secretary had a duty to[*998] consider whether Miranda “would be employed as a result of the diminishment of his productivity due to his physical condition”. As pointed out in Lopez, the statutory standard is not employability as such but capacity — not whether claimant could actually locate a job but whether health limitations would prevent him from engaging in “substantial gainful work . . . which exists in significant numbers either in the region where such individual lives or in the several regions of the country”. 42 U.S.C. § 423(d)(2)(A). To the extent the court directed the Secretary to apply a different standard, it was in error. This error was compounded by the court’s reference, in its original filed opinion, to the special weight said to be owed to the opinion of claimant’s personal physician. It is for the Secretary, not a reviewing court, to determine what weight to give to particular items of evidence. See, e. g., Gonzalez v. Richardson, 455 F.2d 953, 954 (1st Cir. 1972).

The district court may also have based its review of the Secretary’s findings upon a more exacting standard than the substantial evidence test laid down in 42 U.S.C. § 405(g). Citing Pedroza v. Secretary, 382 F.Supp. 916 (D.P.R.1974), the court described the Secretary as having the burden of proof on the issue of Miranda’s continued disability, and as having to produce medical evidence that runs “in a positive vein”. If this means that the Secretary’s finding of termination must rest upon more than substantial evidence, the court erred.

The concept of “burden of proof” is in this context rather confusing. It is true that one claiming benefits is sometimes described as having the “burden of proof”, meaning that he must furnish requisite medical and other evidence within his grasp, see 42 U.S.C. § 423(d)(5), and show reasonable diligence in maintaining his claim. See Mayes v. Secretary, 300 F.Supp. 76 (M.D. N.C.1968). For his part, however, the Secretary must make an investigation that is not wholly inadequate under the circumstances. And once having found a disability, the Secretary may not terminate the benefits without substantial evidence to justify so doing. This will normally consist of current evidence showing that a claimant has improved to the point of being able to engage in substantial gainful activity; but it might also consist of evidence that claimant’s condition is not as serious as was at first supposed. * As for the claimant, he continues at all times under a duty to exercise reasonable diligence in furnishing the Secretary with evidence relevant to his claim.

These responsibilities resist translation into absolutes, especially because social security proceedings are not strictly adversarial. For this reason we see no point in deciding abstractly whether the “burden of proof” at a termination proceeding is on the claimant or Secretary. Both have responsibilities. The question in each case is whether the Secretary’s decision was supported by substantial evidence; and this means evidence that “a reasonable mind might accept as adequate to support a conclusion”. Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938). The district court should approach the inquiry in that light, and with reference to the criteria stated in the statute and regulations,' rather than in different, more expansive terms.

[*999] Turning to the facts concerning Miranda, we consider whether there is substantial evidence to support the Administrative Law Judge’s determination that a period of disability granted as of March 10, 1969, had terminated on August 31, 1971. Miranda hurt his back in March, 1969, while lifting a heavy beam. He was hospitalized for nearly two months beginning in early May, 1969, and for a week in the fall. He asserts continuing inability to work due to severe back pain accompanied by pain and numbness in the left arm and leg.

At a termination hearing the Administrative Law Judge studied Miranda’s medical history as reflected in reports of examining physicians in 1969 as well as 1971 medical reports, including the report of an orthopedist, Dr. Arzola, who examined Miranda in August of 1971 at the request of the Social Security Administration. The Administrative Law Judge found the impairment had medically improved to the point where claimant “could perform work which does not require stooping or heavy lifting”, and hence could work at jobs in the furniture making and shoe industry which exist in substantial numbers in Puerto Rico. This finding of medical improvement was said to be based on Dr. Arzola’s evaluation. However, Dr. Arzola made no affirmative finding that Miranda could work. Like previous examiners, Dr. Arzola diagnosed a sacrolumbar strain; his report concluded:

“At present, no evidence of disc herniation or root impinchment. No treatment recommended other than avoidance of heavy lifting or working [in] a stooped position.”

The body of Dr. Arzola’s report reflected a detailed examination with essentially negative findings except as to bending and pain. X-rays of the spine were said to reveal “well preserved intervertebrae spaces”, no arthritic changes, and normal lumbosacral angle and sacro-iliac joints. Lassegue’s and Patrick’s tests were normal; sensation was intact, there was no atrophy or weakness of muscle; deep tendon reflexes were symmetrical bilaterally; no muscle spasm was present; and there was moderate tenderness to pressure over the lumbosacral area. Lateral and backward bending was, however, found to be restricted at least 50%; and while straight leg raising was possible to 80 degrees bilaterally there was pain referred to the back, persisting even when knees were flexed. Claimant was observed to walk with a cane in the left hand and have a gross limp to the left.

While the Administrative Law Judge’s formal findings were that Miranda had “medically improved” as of August 31, 1971 (a date several days after Dr. Arzo-la’s examination), the portion of the decision entitled “Rationale” reveals a judgment that Miranda’s condition was never really as serious as believed. Such a judgment, if supported, would be permissible; but there are indications that the Administrative Law Judge’s skepticism, including his criticism of the medical evidence, went beyond his authority.

The Administrative Law Judge stressed that Miranda’s alleged impairment had not been established by “objective laboratory findings,” which he felt were required by the Secretary’s regulations. See 20 C.F.R. § 404.1501(c); 42 U.S.C. § 423(d)(3). That statutory requirement, however, prescribes only that an allegedly disabling impairment result “from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” Here, Miranda’s impairment, sacrolumbar strain, had been diagnosed by every physician who had examined him, including Dr. Arzola. It is unclear why these diagnoses were based on less than adequate clinical techniques. And we do not read the regulations as precluding appraisal of the allegedly disabling effects of pain resulting from such a diagnosed abnormality.

We conclude that there is cause for a limited remand to the Secretary for the purpose of his receiving medical evidence on whether because of pain Miranda was incapacitated from work of[*1000] any sort. This does not mean that unless there is positive medical testimony to the contrary, the Secretary is necessarily required to continue the disability beyond August, 1971. Pain is not easily diagnosed, and the Secretary is not at the mercy of every claimant’s subjective assertions of pain. But while pain is “subjective”, clinical techniques may shed some light on the probability of its existence, magnitude and disabling effects. Since the essence of Miranda’s testimony and claim was that the pain was such that he could not work under any condition, we think there should be a medical opinion addressed to this issue. Although Dr. Arzola diagnosed a chronic lumbosacral strain and his report suggested the existence of associated pain, the report made no attempt to evaluate the extent and seriousness of the discomfort and its relationship, if any, to Miranda’s capacity for work. Indeed, neither Dr. Arzola’s nor any other report addresses itself directly to Miranda’s ability to work. Moreover, it is not clear whether the Administrative Law Judge considered pain to be relevant. He stated simply,

“ . . . [E]ven if his subjective complaints of back pain and numbness of his left leg were to be admitted as proven facts, the claimant could still perform a large number of jobs 99

All people suffer from aches and pains, and doubtless Miranda could be fit for work even though he experienced pain, even substantial pain. But pain may reach a disabling level, and Miranda is entitled to have the question faced squarely. Cf. Butler v. Flemming, 288 F.2d 591, 595 (5th Cir. 1961). If the medical evidence should be ambiguous, then the Secretary is entitled, on the basis of his overall evaluation of the claim including Miranda’s credibility, to rule one way or the other. But the present record is inadequate.

Much time has elapsed, but it still may be possible to obtain meaningful medical evidence on this score depending, of course, on Miranda’s present situation. The judgment of the district court is vacated. The case is returned to the district court with directions to remand to the Secretary for reconsideration in the light of further medical evidence as described above.

Reversed and remanded for proceedings in accordance herewith.

*

We reject the broad rule said by the district court to be established in Pedroza v. Secretary, 382 F.Supp. 916 (D.P.R.1974), that the Secretary cannot take into account medical evidence considered earlier when the disability was first established. It would be wrong for the Secretary to terminate an earlier finding of disability on no basis other than his reappraisal of the earlier evidence. However, many impairments are difficult to diagnose; a proper diagnosis may require reference to the cumula-five medical history. The Secretary may grant a disability on the basis of a subjective complaint and tentative diagnosis pending the accumulation over time of sufficient indicia for a more complete evaluation. At a termination hearing, the Administrative Law Judge may appropriately contrast the relative strength or weakness of earlier medical evidence and relevant earlier events with claimant’s current condition.