Pauline M. Pelletier v. Sec'y of Health, Educ. & Welfare, 525 F.2d 158 (1st Cir. 1975). · Go Syfert
Pauline M. Pelletier v. Sec'y of Health, Educ. & Welfare, 525 F.2d 158 (1st Cir. 1975). Cases Citing This Book View Copy Cite
56 citation events (15 in the last 25 years) across 13 distinct courts.
Strongest positive: John R. v. Frank Bisignano (rid, 2026-06-22)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (rule) John R. v. Frank Bisignano
D.R.I. · 2026 · confidence medium
As a final note, “[t]he First Circuit has stated that courts should ensure ‘a just outcome’ in Social Security disability claims.” , 924 F. Supp. 2d 386, 391-92 (D.R.I. 2013) (quoting , 525 F.2d 158, 161 (1st Cir. 1975)). “[T]he Social Security Act is to be construed liberally to effectuate its general purpose of easing the insecurity of life.” , 349 F.2d 494, 496 (1st Cir. 1965) (citing , 311 F.2d 757 (5th Cir. 1963)).
discussed Cited as authority (rule) Sarah G. v. Frank Bisignano, Commissioner, Social Security Administration
D.R.I. · 2026 · confidence medium
Moreover, the Court of Appeals for the First Circuit has stated that “courts should ensure ‘a just outcome’ in Social Security disability claims.” Santa v. Astrue, 924 F. Supp. 2d 386, 391 (D.R.I. 2013) (quoting Pelletier v. Sec’y Health, Educ. & Welfare, 525 F.2d 158, 161 (1st Cir. 1975)).
discussed Cited as authority (rule) Brianna M. v. Frank Bisignano
D.R.I. · 2026 · confidence medium
As a final note, “[t]he First Circuit has stated that courts should ensure ‘a just outcome’ in Social Security disability claims.” , 924 F. Supp. 2d 386, 391-92 (D.R.I. 2013) (quoting , 525 F.2d 158, 161 (1st Cir. 1975)). “[T]he Social Security Act is to be construed liberally to effectuate its general purpose of easing the insecurity of life.” , 349 F.2d 494, 496 (1st Cir. 1965) (citing , 311 F.2d 757 (5th Cir. 1963)).
discussed Cited as authority (rule) Costabile F. v. Frank Bisignano, Commissioner, Social Security Administration
D.R.I. · 2026 · confidence medium
Moreover, the Court of Appeals for the First Circuit has stated that “courts should ensure ‘a just outcome’ in Social Security disability claims.” Santa v. Astrue, 924 F. Supp. 2d 386, 391 (D.R.I. 2013) (quoting Pelletier v. Sec’y Health, Educ. & Welfare, 525 F. 2d 158, 161 (1st Cir. 1975)).
discussed Cited as authority (rule) Katana B. v. Frank Bisignano, Commissioner of Social Security Administration
D.R.I. · 2026 · confidence medium
Moreover, the Court of Appeals for the First Circuit has stated that “courts should ensure ‘a just outcome’ in Social Security disability claims.” Santa v. Astrue, 924 F. Supp. 2d 386, 391 (D.R.I. 2013) (quoting Pelletier v. Sec’y Health, Educ. & Welfare, 525 F. 2d 158, 161 (1st Cir. 1975)).
discussed Cited as authority (rule) Julee A. v. O'Malley
D.R.I. · 2024 · confidence medium
Indeed, the record reflects that Plaintiff was advised to report “increased 5 Recognizing that the Court’s duty in Social Security cases is to ensure a “just outcome,” Pelletier v. Sec’y of Health, Educ. & Welfare, 525 F.2d 158, 161 (1st Cir. 1975), I did not rely solely on the dearth of evidence cited by Plaintiff.
cited Cited as authority (rule) Merl E. Williamson and Barbara Jayne Williamson
Bankr. N.D. Ohio · 2023 · confidence medium
RI, 1992) citing to Pelletier v. Secretary, 525 F. 2d 158, 161 (1st Cir. 1975).
discussed Cited as authority (rule) Carlos N. v. Kijakazi
D.R.I. · 2021 · confidence medium
Analysis “[C]ourts should ensure ‘a just outcome’ in Social Security disability claims.” Mary K v. Berryhill, 317 F. Supp. 3d 664, 667 (D.R.I. 2018) (quoting Pelletier v. Sec’y of Health, Educ. & 18 Welfare, 525 F.2d 158, 161 (1st Cir. 1975)).
discussed Cited as authority (rule) Tegan S. v. Saul
D.R.I. · 2021 · confidence medium
LAW AND ANALYSIS “‘The First Circuit has stated that courts should ensure ‘a just outcome’in Social Security disability claims.’” Mary K v. Berryhill, 317 F. Supp. 3d 664, 667 (D.R.I. 2018) (quoting Pelletier v. Sec’y of Health, Educ. & Welfare, 525 F.2d 158, 161 (1st Cir. 1975)). “[T]he Social Security Act is to be construed liberally to effectuate its general purpose of easing the insecurity of life.” Rodriguez v. Celebrezze, 349 F.2d 494, 496 (1st Cir. 1965).
discussed Cited as authority (rule) Manuel P. v. Saul
D.R.I. · 2021 · confidence medium
“The First Circuit has stated that courts should ensure ‘a just outcome’ in Social Security disability claims.” Santa v. Astrue, 924 F.Supp. 2d 386, 391 (D.R.I. 2013) (quoting Pelletier v. Sec’y of Health, Educ. & Welfare, 525 F.2d 158, 161 (1st Cir. 1975)). “[T]he Social Security Act is to be construed liberally to effectuate its general purpose of easing the insecurity of life.” Rodriguez v. Celebrezze, 349 F.2d 494, 496 (1st Cir. 1965); seeCohen v. Sec’y of Dep’t of Health & Human Servs., 964 F.2d 524, 531 (6th Cir. 1992) (“[I]t is well to bear in mind that ‘[t]he Soci…
discussed Cited as authority (rule) Ruben M. v. Saul
D.R.I. · 2020 · confidence medium
While Plaintiff’s arguments are undeveloped, requiring the Court to reach beyond them to achieve “a just outcome,” Pelletier v. Sec’y of Health, Educ. & Welfare, 525 F.2d 158, 161 (1st Cir. 1975), I nevertheless find that the ALJ’s decision suffers from material errors and recommend that the matter be remanded for further proceedings.
discussed Cited as authority (rule) Fleetwood ex rel. C.F. v. Colvin
D.R.I. · 2015 · confidence medium
Pelletier v. Secretary, 525 F.2d 158, 161 (1st Cir.1975); Rodriguez v. Celebrezze, 349 F.2d 494, 496 (1st Cir.1965). “[T]he law was not intended to deal injustices to a needy petitioner in social security cases.” Miller v. Harris, 490 F.Supp. 1184, 1186 (W.D.Pa.1980).
discussed Cited as authority (rule) Santa v. Astrue
D.R.I. · 2013 · confidence medium
Pelletier v. Secretary, 525 F.2d 158, 161 (1st Cir. 1975). “[T]he Social Security Act is remedial legislation to be construed liberally to achieve its purpose of easing the insecurity of life.” Rodriguez v. Celebrezze, 349 F.2d 494, 496 (1st Cir.1965) (citing Page v. Celebrezze, 311 F.2d 757 (5th Cir.1963)).
cited Cited as authority (rule) French v. Apfel
N.D.N.Y. · 1999 · confidence medium
Jock v. Harris, 651 F.2d 133, 135 (2d Cir.1981) (quoting Pelletier v. Secretary of Health, Educ. & Welfare, 525 F.2d 158, 160 (1st Cir.1975)).
discussed Cited as authority (rule) Bermudez v. SHHS
1st Cir. · 1997 · confidence medium
The rules regarding the burden of proof in Social Security cases, however, "resist translation into absolutes." Pelletier v. Secretary, 525 F.2d 158, 161 (1st Cir. 1975) (observing that flexibility is required because Social Security cases are not strictly adversarial).
discussed Cited as authority (rule) Bermudez v. SHHS
1st Cir. · 1997 · confidence medium
The rules regarding the burden of proof in Social Security cases, however, "resist translation into absolutes." Pelletier v. Secretary, 525 F.2d 158, 161 (1st _________ _________ Cir. 1975) (observing that flexibility is required because Social Security cases are not strictly adversarial).
cited Cited as authority (rule) Mooney v. Shalala
D.N.H. · 1994 · confidence medium
Gray v. Heckler, 760 F.2d 369, 371 (1st Cir.1985) (citing Goodermote v. Secretary, 690 F.2d 5, 7 (1st Cir.1982)); Pelletier v. Secretary, 525 F.2d 158, 160 (1st Cir.1975); Smith, 520 F.Supp. at 34 .
discussed Cited as authority (rule) Black v. Sullivan
D.R.I. · 1992 · confidence medium
The Social Security Act was enacted as “remedial legislation to be construed liberally to achieve its purpose of easing the insecurity of life.” Pelletier v. Secretary, 525 F.2d 158, 161 (1st Cir.1975).
cited Cited as authority (rule) Candido Farina Rodriguez v. Secretary of Health and Human Services
1st Cir. · 1990 · confidence medium
Gray v. Heckler, 760 F.2d 369, 375 (1st Cir.1985); Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160 (1st Cir.1975).
cited Cited as authority (rule) Edward G. Stankiewicz v. Louis W. Sullivan, Secretary of the United States Department of Health and Human Services'
D.C. Cir. · 1990 · confidence medium
Pelletier v. Secretary HEW, 525 F.2d 158, 160 (1st Cir.1975).
cited Cited as authority (rule) Ernesto Del Valle TORRES, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
1st Cir. · 1989 · confidence medium
Pelletier v. Secretary of H.E.W., 525 F.2d 158, 160 (1st Cir.1975).
cited Cited as authority (rule) Eugene PINEAULT, Plaintiff, Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant, Appellee
1st Cir. · 1988 · confidence medium
Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160 (1st Cir.1975).
discussed Cited as authority (rule) May v. Bowen
D. Me. · 1987 · confidence medium
Holding that the determination was not in error, the Gray court stated that the plaintiffs burden of proving inability to engage in past work “necessarily includes an obligation to produce evidence on that issue.” Gray, supra at 372, citing Pelletier v. Secretary of Health, Education & Welfare, 525 F.2d 158, 161 (1st Cir.1975), and Pitchard v. Schweiker, 692 F.2d 198 , 201 n. 2 (1st Cir.1982).
discussed Cited as authority (rule) Leroy DUDLEY, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee (2×)
1st Cir. · 1987 · confidence medium
See Goodermote v. Secretary of Health and Human Services, 690 F.2d 5, 6-7 (1st Cir.1982); Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160 (1st Cir.1975).
discussed Cited as authority (rule) Thomas JACKSON, Jr., Plaintiff-Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-Appellee
11th Cir. · 1986 · confidence medium
“A claimant makes a prima facie showing of disability only by establishing ‘that he is unable to return to his former type of work.’ ” Pelletier v. Secretary of HEW, 525 F.2d 158, 160 (1st Cir.1975) (emphasis in First Circuit opinion) (citations omitted).
examined Cited as authority (rule) Elaine GRAY, Plaintiff, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant, Appellee (3×) also: Cited "see"
1st Cir. · 1985 · confidence medium
Goodermote v. Secretary of Health and Human Services, 690 F.2d 5, 7 (1st Cir. 1982); Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160 (1st Cir.1975).
cited Cited as authority (rule) Taylor v. Heckler
D. Me. · 1984 · confidence medium
See also Gonzalez Perez v. Secretary of Health, Education & Welfare 572 F.2d 886, 887 (1st Cir.1978); Pelletier v. Secretary of Health, Education & Welfare, 525 F.2d 158, 160 (1st Cir.1975).
discussed Cited as authority (rule) Cleon E. Pitchard v. Richard Schweiker, Secretary of Health and Human Services
1st Cir. · 1982 · confidence medium
In determining the substantial evidence question we keep in mind that the claimant, in a case of this sort, carries the initial burden of “showing a disability that prevents a return to his former employment.” Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160 (1st Cir.1975); see also Gonzalez Perez v. Secretary of Health, Education and Welfare, 572 F.2d 886, 887 (1st Cir.1978).
cited Cited as authority (rule) Rafael A. Vazquez v. Secretary of Health and Human Services
1st Cir. · 1982 · confidence medium
Small v. Califano, 565 F.2d 797, 801 (1st Cir. 1977); Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160-61 (1st Cir. 1975).
discussed Cited as authority (rule) Juraj Sitar v. Richard Schweiker, Secretary of Health and Human Services
1st Cir. · 1982 · confidence medium
On that question, he has the burden of proof that the impairment prevents him from doing.his past work (Gonzalez Perez v. HEW, 572 F.2d 886, 887 (1st Cir. 1978); Pelletier v. HEW, 525 F.2d 158, 160 (1st Cir. 1975)), and We must accept the Secretary’s determination if it is supported by substantial evidence.
discussed Cited as authority (rule) William P. Geoffroy v. Secretary of Health and Human Services
1st Cir. · 1981 · confidence medium
See Small v. Califano, 565 F.2d 797, 800-01 (1st Cir. 1977); Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160 (1st Cir. 1975); Hernandez v. Weinberger, 493 F.2d 1120, 1122-23 (1st Cir. 1974); Torres v. Celebrezze, 349 F.2d 342, 345 (1st Cir. 1962).
discussed Cited as authority (rule) Irene Jock v. Patricia Harris, Secretary of Health and Human Services
2d Cir. · 1981 · confidence medium
In this case, appellant’s burden was to show an inability to return to her “previous work” as a cashier, not simply to her former job as a “supermarket cashier.” As the First Circuit made clear in Pelletier v. Secretary of H.E.W., 525 F.2d 158, 160 (1st Cir. 1975): A claimant makes a prima facie showing of disability only by establishing “that he is unable to return to his former type of work.” Hernandez [v. Weinberger, 493 F.2d 1120, 1122 (1st Cir. 1974)]; Torres v. Celebrezze, 349 F.2d 342, 345 (1st Cir. 1965) (emphasis supplied).
cited Cited as authority (rule) Goff v. Harris
E.D. Va. · 1980 · confidence medium
Smith v. Califano, 592 F.2d at 1236 ; Pelletier v. Secretary of HEW, 525 F.2d 158, 160 (1st Cir. 1975).
discussed Cited as authority (rule) Zolio Fermin Figueroa v. Secretary of Health, Education and Welfare
1st Cir. · 1978 · confidence medium
The rules regarding burden of proof and reasonable diligence on the claimant’s part “resist translation into absolutes, because social security proceedings are not strictly adversarial.” Pelletier v. Secretary, 525 F.2d 158, 161 (1st Cir. 1975); Miranda v. Secretary, 514 F.2d 996, 998 (1st Cir. 1975). 3 . 42 U.S.C. § 405 (g) provides in part that “[t]he court . . . may, at any time, on good cause shown, order additional evidence to be taken before the Secretary, and the Secretary shall, after the case is remanded, and after hearing such additional evidence if so ordered, modify or aff…
discussed Cited as authority (rule) Domingo Gonzalez Perez v. Secretary of Health, Education and Welfare
1st Cir. · 1978 · confidence medium
In order to qualify for disability payments a plaintiff must meet the initial burden of “showing a disability that prevents a return to his former employment.” Pelletier v. Secretary of H.E.W., 525 F.2d 158, 160 (1st Cir. 1975); see Hernandez v. Weinberger, 493 F.2d 1120 (1st Cir. 1974); Reyes Robles v. Finch, 409 F.2d 84 (1st Cir. 1969); Torres v. Celebrezze, 349 F.2d 342 (1st Cir. 1965).
discussed Cited as authority (rule) Ambrocio P. Igonia v. Joseph A. Califano, Jr., as Secretary of Health, Education and Welfare
D.C. Cir. · 1977 · confidence medium
Pelletier v. Secretary of HEW, 525 F.2d 158, 160-61 (1st Cir. 1975); Bohms v. Gardner, 381 F.2d 283, 286 (8th Cir. 1967), cert. denied, 390 U.S. 964 , 88 S.Ct. 1069 , 19 L.Ed.2d 1164 (1968); see Carnevale v. Gardner, 393 F.2d at 891 n.1.
discussed Cited "see" Lisa M. v. Kijakazi
D.R.I. · 2021 · signal: see · confidence high
See Pelletier v. Sec’y of Health, Educ. & Welfare, 525 F.2d 158, 161 (1st Cir. 1975). 8 Plaintiff is right in pointing out that the brain MRI has findings, albeit expressed in language that is beyond the ken of a lay person to interpret.
discussed Cited "see" Figueroa Alvarez v. SHHS
1st Cir. · 1995 · signal: see · confidence high
See Pelletier v. Secretary of HEW, 525 F.2d 158, 160 (1st Cir.1975) (a claimant did not meet her burden of proof by showing that a particular past job entailed exposure to smoke and fumes; she was required to show that such exposure would be a condition of her type of work generally). 10 The records stated that he complained of difficulty in sitting for prolonged periods of time, too, but Figueroa does not allege the ALJ erred by failing to consider his difficulty in sitting 11 Radiculopathy is defined as "disease of the nerve roots." See Dorland's Illustrated Medical Dictionary 1405 (27th ed.…
cited Cited "see" Luz M. SANTIAGO, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
1st Cir. · 1991 · signal: see · confidence high
See Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 161 (1st Cir.1975).
cited Cited "see" Herbert F. Small v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare
1st Cir. · 1977 · signal: see · confidence high
See Pelletier v. Secretary of HEW, 525 F.2d 158, 161 (1st Cir. 1975).
Retrieving the full opinion text from the archive…
Pauline M. PELLETIER, Plaintiff-Appellee,
v.
SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellant
75-1262.
Court of Appeals for the First Circuit.
Nov 7, 1975.
525 F.2d 158
Karen K. Siegel, Atty., Appellate Section, Civ. Div., Dept, of Justice, with whom Rex E. Lee, Asst. Atty. Gen., William J. Deachman, U. S. Atty., and William Kanter, Atty., Appellate Section, Civ. Div., Dept, of Justice, were on brief, for appellant., John E. Peltonen, Manchester, N. H., with whom Nixon, Christy, Tessier & Peltonen, Manchester, N. H., was on brief, for appellee.
Coffin, McEntee, Campbell.
Cited by 42 opinions  |  Published
LEVIN H. CAMPBELL, Circuit Judge.

The Secretary of Health, Education and Welfare brings this appeal from an order of the district court reversing the Secretary’s denial of disability benefits to Pauline M. Pelletier. 42 U.S.C. §§ 416(i) and 423(d)(1).

Miss Pelletier, forty years old, was educated at the Museum School of Fine Arts in Boston. After working briefly as a credit adjustor, she became a technical illustrator at Avco-Everett Research Laboratory in Boston, a position she held from August 1959 to September 1972. She began to have pulmonary problems in 1969, when due to a merger of art departments, she was obliged to work in a single room with 13 people, eight of whom smoked. Both the smoking and the Krylon spray used by a vari-typist bothered her. She was allowed to work in a separate room for a while, and experienced some but not complete relief. After space limitations required a return to the communal workroom, she quit in September 1972. Since then she has been living in her parents’ home and has not felt up to working, although she did seek employment with G. E. and Raytheon but was turned down. Medical evidence indicated a respiratory allergy and restricted breathing capacity, as well as feelings of anxiety, nervousness, and helplessness because of her condition. One physician, a thoracic surgeon, while agreeing that she was having considerable difficulty breathing, was of the opinion that she would not have very much difficulty working if she were not exposed to smoke and fumes.

After Miss Pelletier’s application for disability benefits was turned down both initially and on reconsideration, she was afforded a hearing before an Administrative Law Judge. He concluded that although her allergies rendered her unable to work in an atmosphere containing smoke or Krylon spray, she had failed to show “a severe and incapacitating pulmonary condition and/or nervous condition resulting therefrom which would preclude the same or other forms of occupational endeavor where obnoxious fumes were eliminated” and that she “has not borne the burden of proof.” Review was denied by the Appeals Council, with the result that the Administra[*160] tive Law Judge’s decision became that of the Secretary.

The district court reversed this decision, relying upon the rule established in certain of our cases that a claimant carries the initial burden of showing a disability that prevents a return to his former employment and that, once a showing is made, the burden shifts to the Secretary to prove that the claimant has the ability to perform alternative, substantial, gainful work. [1] 42 U.S.C. § 423(d)(2); see Hernandez v. Weinberger, 493 F.2d 1120, 1122-23 (1st Cir. 1974). The district court took for granted that, “it is admitted that the plaintiff satisfied her burden of proving an inability to return to her previous work.” It then concluded that the Secretary, although required to, had never met his burden of proving the existence of other substantial gainful work which she was capable of performing.

We believe that the district court erred. Its major premise — that plaintiff had satisfied her burden of proving an inability to return to her previous work — contradicted the Secretary’s own findings which, being supported by substantial evidence, are conclusive. 42 U.S.C. § 405(g); see Gonzalez v. Richardson, 455 F.2d 953 (1st Cir. 1972). The Administrative Law Judge found that Miss Pelletier had not proven an inability, absent the fume conditions, to function in the same type of employment as formerly. There can be no doubt that this finding is supported by the medical evidence, which tends to show no physical impairment beyond an allergic reaction to smoke and fumes. Under such circumstances, Miss Pelletier could make out a prima facie case of disability only by proving that her previous work required exposure to smoke and fumes. This she did not do. To be sure, as discussed below, the record contains some suggestion that certain fixatives and chemicals are used generally in commercial art. But the record is not clear, much less conclusive, that her former work could only be carried on in the presence of such substances. Thus the present record supports the Secretary’s ultimate finding that Miss Pelletier did not bear her burden of proving a disability, and this being so the district court lacked authority to set it aside.

Underlying the district court’s faulty premise may have been its view that a definition of Miss Pelletier’s previous work “must include the smoke and fumes.” It is unclear whether by “previous work” the court meant Miss Pelletier’s former employment at Avco, or whether it simply concluded from its own review of the record that anyone engaged in technical illustrating would necessarily be exposed to fumes from sprays, thinners and the like. There would be error on either ground. A claimant makes a prima facie showing of disability only by establishing “that he is unable to return to his former type of work.” Hernandez, supra, at 1122; Torres v. Celebrezze, 349 F.2d 342, 345 (1st Cir. 1965) (emphasis supplied). Thus to meet her initial burden it was not enough for Miss Pelletier to show simply that her specific job at Avco entailed exposure to smoke and fumes; she would have to show that such exposure would be a condition of this sort of work generally. On the other hand, if the court meant to announce its own independent determination that Miss Pelletier had made a sufficient factual showing along these lines, it committed error by substituting its own findings of fact for those of the Secretary.

In a different case we might simply reverse the judgment below and order the entry of a decree affirming the decision of the Secretary. Here, however, we think that there was good cause to remand to the Secretary to take additional evidence and reconsider whether[*161] or not plaintiff is disabled from engaging in her former type of work. [2] The record shows no meaningful inquiry by the Administrative Law Judge into whether or not it is possible to engage in her former type of work, technical illustration, without exposure to substances to which claimant is allergic. The absence of any such inquiry, and of a specific finding, is doubtless in large measure claimant’s fault, as it was part of her burden to produce evidence on the point, and at the administrative hearing itself she did not do so. However, her original written application for disability was a part of the administrative record, and she wrote therein that she was allergic to rubber cement, paint thinner, and fixative sprays and that the latter two items are used in art departments. Thus 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 the Secretary should now take further evidence and decide whether or not her former occupation can be carried on in the absence of those substances causing her allergic reaction. If not, the Secretary should then reconsider whether or not she can engage in other employment. [3]

It is true that even if Miss Pelletier, on remand, can persuade the Secretary that she is disabled from pursuing her former occupation, it may turn out that she is not entitled to disability benefits because she is not disabled from performing other substantial gainful work. Still, the effect of her condition upon her ability to resume her former work is a significant enough part of the total picture to deserve the Secretary’s consideration.

The judgment of the district court is vacated, and the case is remanded to the district court for entry of an order remanding to the Secretary with directions that he reconsider appellee’s disability claim in light of this opinion.

1

. The statute makes plain, of course, that disability means the inability to engage in “any substantial gainful activity,” including both one’s previous work and any alternative work which one is qualified to perform. 42 U.S.C. § 423(d)(1) and (2). See generally Lopez Lopez v. Secretary of Health, Education and Welfare, 512 F.2d 1155 (1st Cir. 1975).

2

. 42 U.S.C. § 405(g) provides in part that “[t]he court . . . may, at any time, on good cause shown, order additional evidence to be taken before the Secretary, and the Secretary shall, after the case is remanded, and after hearing such additional evidence if so ordered, modify or affirm his findings of fact or its decision, or both . . . .”

3

. We do not pass on the district court’s ruling that the Secretary could not take judicial notice of the availability of other forms of employment. Cf. Hernandez v. Weinberger, 493 F.2d 1120, 1122-23 (1st Cir. 1974). Miss Pelletier’s education, age and background of employment as a credit adjustor suggest that in appropriate surroundings she could perform many other types of work, the duties of which are commonly known. On the other hand, her physical condition might make accurate lay judgment questionable in some if not all instances. Upon remand, if the point becomes material, the Secretary may deem it best, in any event> to secure expert vocational judgment.