Duane E. Cummins v. Richard S. Schweiker, Sec'y of Health & Human Servs., 670 F.2d 81 (7th Cir. 1982). · Go Syfert
Duane E. Cummins v. Richard S. Schweiker, Sec'y of Health & Human Servs., 670 F.2d 81 (7th Cir. 1982). Cases Citing This Book View Copy Cite
“it was not only lawful ... but highly appropriate, for the secretary to try to streamline the adjudication of social security disability cases and bring about some greater uniformity in the results of these adjudications”
136 citation events (12 in the last 25 years) across 26 distinct courts.
Strongest positive: Santise v. Schweiker (ca3, 1982-04-08)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Santise v. Schweiker (2×) also: Cited as authority (rule)
3rd Cir. · 1982 · quote attribution · 1 verbatim quote · confidence high
it was not only lawful ... but highly appropriate, for the secretary to try to streamline the adjudication of social security disability cases and bring about some greater uniformity in the results of these adjudications
discussed Cited as authority (rule) Wieringa v. Saul
N.D. Ill. · 2020 · confidence medium
See Hofslien v. Barnhart, 439 F.3d 375, 377 (7th Cir.2006) (stressing that, while treating physicians are often more familiar with the alleged impairments of social security claimants, they also may attempt to “bend over backwards” to assist patients in obtaining benefits); Scheck v. Barnhart, 357 F.3d 697, 702 (7th Cir. 2004) Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
cited Cited as authority (rule) Hamper v. Commissioner of Social Security
E.D. Mich. · 2010 · confidence medium
Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982) (“a trier of fact is not required to ignore incentives in resolving issues of credibility.”); Krupa v. Comm’r of Soc.
discussed Cited as authority (rule) Richard Haynes v. Jo Anne B. Barnhart, Commissioner of Social Security
7th Cir. · 2005 · signal: cf. · confidence medium
SSR 83-14, 1983 WL 31254 , at *4; cf. Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982) (recognizing that “in cases where there is a nonexertional impairment [in addition to exertional impairment] the ALJ must go beyond the grid”).
discussed Cited as authority (rule) Haynes, Richard v. Barnhart, Jo Anne
7th Cir. · 2005 · signal: cf. · confidence medium
SSR 83-14, 1983 WL 31254 , at *4; cf. Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir. 1982) (recognizing that “in cases where there is a nonexertional impairment [in addition to exertional impairment] the ALJ must go beyond the grid”).
discussed Cited as authority (rule) Mason v. Barnhart (2×) also: Cited "see"
E.D. Wis. · 2004 · confidence medium
The Seventh Circuit has, consistent with this regulation, held that “where there is a nonexertional impairment the ALJ must go beyond the grid.” Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982) (citing Cannon v. Harris, 651 F.2d 513 (7th Cir.1981)); see also Cooper v. Sullivan, 880 F.2d 1152, 1155 (9th Cir.1989) (holding that where a claimant suffers solely from a nonexertional impairment the grids do not resolve the disability question and other testimony is required).
discussed Cited as authority (rule) Scheck, Kenneth v. Barnhart, Jo Anne B.
7th Cir. · 2004 · confidence medium
Finally, it is not unheard of that a personal physician “might have been leaning over backwards to support the application for dis- ability benefits.” Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir. 1982).
discussed Cited as authority (rule) Kenneth Scheck v. Jo Anne B. Barnhart, Commissioner of Social Security
7th Cir. · 2004 · confidence medium
Finally, it is not unheard of that a personal physician “might have been leaning over backwards to support the application for disability benefits.” Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
discussed Cited as authority (rule) Poulos v. Motorola Long Term Disability Plan
N.D. Ill. · 2000 · confidence medium
In the language of the Plan, disability is a matter of a participant’s inability “to perform all of the normal duties of any occupation or employment for wage or profit for which [she] is reasonably qualified by education, training or experience.” What the Seventh Circuit stated in a Social Security context is equally applicable here: “disability is a function in part of employment opportunities, and employability in turn is a function not only of one’s physical condition but of education, age, and other factors.” Glenn v. Secretary of Health and Human Services, 814 F.2d 387, 389 (…
cited Cited as authority (rule) Thomas O’CONNOR, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1991 · confidence medium
Cummins v. Schweiker, 670 F.2d 81, 83-84 (7th Cir.1982).
cited Cited as authority (rule) Peabody Coal Company v. Helms
7th Cir. · 1990 · confidence medium
DeFrancesco v. Bowen, 867 F.2d 1040, 1043 (7th Cir.1989); Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982); Stephens v. Heckler, supra, 766 F.2d at 289 .
cited Cited as authority (rule) Peabody Coal Co. v. Helms
7th Cir. · 1990 · confidence medium
DeFrancesco v. Bowen, 867 F.2d 1040, 1043 (7th Cir.1989); Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982); Stephens v. Heckler, supra, 766 F.2d at 289 .
discussed Cited as authority (rule) Donald P. DeFRANCESCO, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1989 · confidence medium
The administrative law judge is entitled to resolve conflicts in oral testimony against the claimant, Arbogast v. Bowen, 860 F.2d 1400, 1406-07 (7th Cir.1988), and to give substantial weight to the testimony of a medical advisor even though the advis- or has not examined the claimant personally, Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
cited Cited as authority (rule) Cushman v. Bowen
N.D. Ind. · 1988 · confidence medium
See Whitney v. Schweiker, 695 F.2d 784, 789 (7th Cir.1982); Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
discussed Cited as authority (rule) Crist v. Bowen
N.D. Ind. · 1988 · confidence medium
Defendant counsel speculates that the treating physicians might have been of doubtful credibility or were bending over backwards to support the claimant’s application for benefits, citing Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
discussed Cited as authority (rule) Kuwahara v. Bowen
N.D. Ill. · 1988 · confidence medium
And sometimes a treating physician may be inclined to “lean over backwards” to support a patient’s disability application out of sympathy and a long standing relationship (Stephens, 766 F.2d at 289 ; Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982); Cullotta v. Bowen, 662 F.Supp. 1161 , 1170 n. 26 (N.D.Ill.1987)).
cited Cited as authority (rule) Walker v. Bowen
7th Cir. · 1987 · confidence medium
See, e.g., Heckler v. Campbell, 461 U.S. 458 , 103 S.Ct. 1952 , 76 L.Ed.2d 66 (1983); Cummins v. Schweiker, 670 F.2d 81, 83-84 (7th Cir.1982).
cited Cited as authority (rule) Walker v. Bowen
7th Cir. · 1987 · confidence medium
See, e.g., Heckler v. Campbell, 461 U.S. 458 , 103 S.Ct. 1952 , 76 L.Ed.2d 66 (1983); Cummins v. Schweiker, 670 F.2d 81, 83-84 (7th Cir.1982).
discussed Cited as authority (rule) Donald Blevins v. Secretary of Health and Human Services
6th Cir. · 1987 · confidence medium
The Secretary's treatment of the testimony and evidence of claimant, his wife, and Dr. Wilson, I believe, to be consistent with such treatment in Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir. 1982).
cited Cited as authority (rule) Sims v. Bowen
N.D. Ill. · 1987 · confidence medium
Cummins v. Schweiker, 670 F.2d 81, 83 (7th Cir.1982).
cited Cited as authority (rule) Phillips v. Bowen
N.D. Ill. · 1987 · confidence medium
Cummins v. Schweiker, 670 F.2d 81, 83 (7th Cir.1982).
discussed Cited as authority (rule) Billy J. Pierce v. Secretary of Health and Human Services (2×)
6th Cir. · 1987 · confidence medium
"By use of the phrase 'significantly diminish' we mean the additional loss of work capacity beyond a negligible one or, in other words, one that so narrows a claimant's possible range of work as to deprive him of a meaningful employment opportunity." Bapp, 802 F.2d at 606 . 42 In the present case, the ALJ concluded that claimant's nonexertional impairment does not significantly limit his ability to work at the desigriated level, and that as a consequence application of the grid as a framework for analysis was proper. "whether a given nonexertional condition affects a particular claimant's resi…
discussed Cited as authority (rule) Harley T. TALBOT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee
10th Cir. · 1987 · confidence medium
Cf. Odle v. Heckler, 707 F.2d 439 (9th Cir.1983) (substantial evidence supported finding that nonexertional impairments did not significantly limit claimant’s exertional capabilities); Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982) (substantial evidence supported AU’s finding that claimant’s visual impairment would not interfere with performance of sedentary work and grids were therefore applicable); Kirk v. Secretary of Health & Human Servs., 667 F.2d 524, 536-37 (6th Cir.1981) (substantial evidence supported AU’s determination that claimant’s mental impairments did not signif…
discussed Cited as authority (rule) Richard GLENN, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
7th Cir. · 1987 · confidence medium
But disability is a function in part of employment opportunities, Cummins v. Schweiker, 670 F.2d 81, 83 (7th Cir.1982), and employability in turn is a function not only of one’s physical condition but of education, age, and other factors.
discussed Cited as authority (rule) Oscar W. MOON, Plaintiff-Appellant, v. Otis R. BOWEN, M.D. Secretary, Department of Health and Human Services, Defendant-Appellee (2×) also: Cited "see, e.g."
5th Cir. · 1987 · confidence medium
Kirk v. Secretary of Health and Human Services, 667 F.2d 524, 532-33 (6th Cir.1981), cert. denied, 461 U.S. 957 , 103 S.Ct. 2428 , 77 L.Ed.2d 1315 (1983); Cummins v. Schweiker, 670 F.2d 81, 83 (7th Cir.1982); Calvin v. Heckler, 782 F.2d 802, 806 (9th Cir.1986).
cited Cited as authority (rule) Chandler v. Bowen
S.D. Ind. · 1986 · confidence medium
Id.; Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
discussed Cited as authority (rule) Stieberger v. Bowen
2d Cir. · 1986 · confidence medium
Mention was also made of SSR 83-6c (1983), which adopted views expressed in Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982), to the effect that a treating physician's views sometimes ought not to be given controlling weight because that physician "might have been leaning over backwards to support the application for disability benefits." Finally, the District Court placed major emphasis on decisions of this Court and of eighteen judges of the district courts within New York that have overturned denial or termination of disability benefits because of inadequate compliance or even disregard…
discussed Cited as authority (rule) Stieberger v. Bowen
2d Cir. · 1986 · confidence medium
Mention was also made of SSR 83-6c (1983), which adopted views expressed in Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982), to the effect that a treating physician’s views sometimes ought not to be given controlling weight because that physician “might have been leaning over backwards to support the application for disability benefits.” Finally, the District Court placed major emphasis on decisions of this Court and of eighteen judges of the district courts within New York that have overturned denial or termination of disability benefits because of inadequate compliance or even dis…
discussed Cited as authority (rule) Pysher v. Heckler
E.D. Pa. · 1986 · confidence medium
Dr. Genninger, as the “treating physician, ‘might have been leaning over backwards to support the application for disability benefits.' ” Ettinger, supra at 9 (E.D.Pa.1985), (quoting Cummins v. Schweiker, 670 F.2d 81, 84 [7th Cir. 1982]).
discussed Cited as authority (rule) Price v. Heckler
N.D. Ill. · 1986 · confidence medium
In the event that the AU must assess the credibility of physicians’ statements or testimony, he “rationally may give greater weight to the opinion of a consulting physician,” Stephens v. Heckler, 766 F.2d 284 (7th Cir.1985), or the AU may decide against the treating physician’s assessment if it appears that the “personal physician ... might have been leaning over backwards to support the application for disability benefits.” Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
discussed Cited as authority (rule) Virge Tucker, Jr. v. Margaret Heckler, Secretary, Department of Health and Human Services
8th Cir. · 1985 · confidence medium
See Allred, 729 F.2d at 733 ; see also Reeves v. Heckler, 734 F.2d 519, 524 (11th Cir.1984) (per curiam); Smith v. Schweiker, 719 F.2d 723, 725 (4th Cir.1984) (per curiam); Hernandez v. Heckler, 704 F.2d 857, 863 (5th Cir.1983); Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
discussed Cited as authority (rule) Warren E. DeLONG, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health & Human Services, Defendant-Appellee
7th Cir. · 1985 · confidence medium
The need for greater consistency is acute, cf. Garrison v. Heckler, supra, 765 F.2d at 714 ; Cummins v. Schweiker, 670 F.2d 81, 83 (7th Cir.1982), though the practical ability of the Appeals Council, which reviews 40,000 cases a year, to achieve it has been questioned, see Mashaw, Bureaucratic Justice: Managing Social Security Disability Claims 105 (1983).
discussed Cited as authority (rule) Stieberger v. Heckler
S.D.N.Y. · 1985 · confidence medium
Also, plaintiffs observe that the Secretary has also adopted a Seventh Circuit decision, Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982), which states that a treating physician who had greater knowledge of the claimant’s medical condition and had examined him more extensively than anyone else “might have been leaning over backwards to support the application for disability benefits” and that his conclusion was therefore not entitled to controlling weight.
discussed Cited as authority (rule) Johnson SCOTT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1985 · confidence medium
Id. at 530 , quoting Vitarelli v. Seaton, 359 U.S. 535, 546 , 79 S.Ct. 968, 976 , 3 L.Ed.2d 1012 (1959) (Frankfurter, J., concurring in part and dissenting in part)); Cummins v. Schweiker, 670 F.2d 81, 83 (7th Cir.1982) (regulations promulgated by Secretary under his broad authority are “binding criteria.”).
discussed Cited as authority (rule) Wendell L. Stephens, Sr. v. Margaret Heckler, Secretary of Health and Human Services (2×)
7th Cir. · 1985 · confidence medium
See Heckler v. Campbell, 461 U.S. 458, 468 , 103 S.Ct. 1952, 1958 , 76 L.Ed.2d 66 (1983) (sustaining the Grid as a way to make this process more uniform); Cummins v. Schweiker, 670 F.2d 81, 83-84 (7th Cir.1982).
cited Cited as authority (rule) John M. ZALEWSKI, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of the Department of Health and Human Services, Defendant-Appellee
7th Cir. · 1985 · confidence medium
See also Heckler v. Campbell, 461 U.S. 458, 460-62 , 103 S.Ct. 1952, 1954-55 , 76 L.Ed.2d 66 (1983); Cummins v. Schweiker, 670 F.2d 81, 82 (7th Cir.1982).
discussed Cited as authority (rule) Anderson v. Heckler
N.D. Ill. · 1985 · confidence medium
In so doing, the AU may decide against the treating physician’s assessment if it appears to the AU that the “personal physician ... might have been leaning over backwards to support the application for disability benefits.” Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
discussed Cited as authority (rule) Channel v. Heckler
10th Cir. · 1984 · confidence medium
See, e.g., Blacknall v. Heckler, 721 F.2d 1179, 1181 (9th Cir.1983) (per curiam) (reliance on grids approved where substantial evidence supported ALJ’s finding that claimant’s psychiatric limitations did not significantly limit range of work permitted by exertional limitations); Odle v. Heckler, 707 F.2d 439, at 440 (9th Cir.1983) (evidence supported conclusion that nonexertional impairments would not significantly limit claimant's exertional abilities); Hernandez v. Heckler, 704 F.2d 857, 862 (5th Cir.1983) (evi dence supported ALJ's determination that nonexertional impairments did not di…
discussed Cited as authority (rule) Channel v. Heckler
10th Cir. · 1984 · confidence medium
See, e.g., Blacknall v. Heckler, 721 F.2d 1179, 1181 (9th Cir.1983) (per curiam) (reliance on grids approved where substantial evidence supported ALJ's finding that claimant's psychiatric limitations did not significantly limit range of work permitted by exertional limitations); Odle v. Heckler, 707 F.2d 439, at 440 (9th Cir.1983) (evidence supported conclusion that nonexertional impairments would not significantly limit claimant's exertional abilities); Hernandez v. Heckler, 704 F.2d 857, 862 (5th Cir.1983) (evidence supported ALJ's determination that nonexertional impairments did not diminis…
discussed Cited as authority (rule) Kindred v. Heckler
N.D. Ill. · 1984 · confidence medium
Nonetheless our Court of Appeals has recognized the real-world likelihood that a patient’s regular treating physician “might have been leaning over backwards to support the application for disability benefits.” Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
cited Cited as authority (rule) Edith A. JOHNSON, Plaintiff-Appellant, v. Margaret M. HECKLER, Defendant-Appellee
7th Cir. · 1984 · confidence medium
Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
discussed Cited as authority (rule) Jerry L. RHODERICK, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1984 · confidence medium
The use of the “grid approach” by Administrative Law Judges in making their recommendations to the Secretary has been approved expressly by the Supreme Court, Heckler v. Campbell, 461 U.S. 458 , 103 S.Ct. 1952, 1958 , 76 L.Ed.2d 66 (1983), and it was the approach accepted in this Circuit prior to the Heckler v. Campbell decision; Wallschlaeger v. Schweiker, 705 F.2d 191, 196-198 (7th Cir.1983); Cummins v. Schweiker, 670 F.2d 81, 82-83 (7th Cir.1982).
discussed Cited as authority (rule) Mary Strunk v. Margaret Heckler, Secretary of Health and Human Services
7th Cir. · 1984 · confidence medium
The AU “merely balanced conflicting evidence as any factfinder must do, and found that the medical evidence against a finding of disability outweighed the showing that the claimant was disabled.” Id. “[W]e are not free to reweigh [disputed medical evidence] de novo ..." Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
cited Cited as authority (rule) Strittmatter v. Schweiker
7th Cir. · 1984 · confidence medium
Appendix 2 (Medical-Vocational Guidelines)) described in Cummins v. Schweiker, 670 F.2d 81, 82-83 (7th Cir.1982), to determine whether the claimant was disabled.
discussed Cited as authority (rule) Strittmatter v. Schweiker
7th Cir. · 1984 · confidence medium
Appendix 2 (Medical-Vocational Guidelines)) described in Cummins v. Schweiker, 670 F.2d 81, 82-83 (7th Cir.1982), to determine whether the claimant was disabled. 2 Mrs. Strittmatter, who is now 59 years old and last worked in 1973 operating a small machine to assemble parts, has a variety of serious medical problems stemming mainly from two conditions--cataracts in both eyes, and scoliosis, the curvature of the spine that makes a person hunchbacked.
cited Cited as authority (rule) Munks v. Heckler
N.D. Ill. · 1984 · confidence medium
Cummins v. Schweiker, 670 F.2d 81, 84 (7th Cir.1982).
discussed Cited as authority (rule) Marziliano v. Heckler
2d Cir. · 1984 · confidence medium
CONCLUSION 46 The judgment of the district court is affirmed. 1 See Sherwin v. Secretary of Health & Human Services, 685 F.2d 1, 3-4 (1st Cir.1982); Santise v. Schweiker, 676 F.2d 925, 938 (3d Cir.1982); Frady v. Harris, 646 F.2d 143, 145 (4th Cir.1981); Salinas v. Schweiker, 662 F.2d 345, 347-49 (5th Cir.1981); Kirk v. Secretary of Health & Human Services, 667 F.2d 524, 530 (6th Cir.1981); Cummins v. Schweiker, 670 F.2d 81, 83 (7th Cir.1982); McCoy v. Schweiker, 683 F.2d 1138, 1144-46 (8th Cir.1982) (en banc) 2 Rule 55(c) also provides that if a judgment by default has been entered, the court…
discussed Cited as authority (rule) Marziliano v. Heckler
2d Cir. · 1984 · confidence medium
See Sherwin v. Secretary of Health & Human Services, 685 F.2d 1, 3-4 (1st Cir.1982); San-tise v. Schweiker, 676 F.2d 925 , 938 (3d Cir. 1982); Frady v. Harris, 646 F.2d 143, 145 (4th Cir.1981); Salinas v. Schweiker, 662 F.2d 345, 347-49 (5th Cir.1981); Kirk v. Secretary of Health & Human Services, 667 F.2d 524, 530 (6th Cir.1981); Cummins v. Schweiker, 670 F.2d 81, 83 (7th Cir.1982); McCoy v. Schweiker, 683 F.2d 1138, 1144-46 (8th Cir.1982) (en banc). .
cited Cited as authority (rule) Bailey v. Heckler
D.D.C. · 1984 · confidence medium
The AU “literally reads off from the pertinent row in the table the conclusion that the applicant is or is not disabled.” Cummins v. Schweiker, 670 F.2d 81, 82 (7th Cir.1982).
cited Cited as authority (rule) Morris v. Heckler
N.D. Ill. · 1983 · confidence medium
As is entirely proper (Cummins v. Schweiker, 670 F.2d 81, 83 (7th Cir.1982)), the ALJ’s conclusion was based not only on the statute but also on 20 C.F.R.
Retrieving the full opinion text from the archive…
Duane E. CUMMINS, Plaintiff-Appellant,
v.
Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee
81-1731.
Court of Appeals for the Seventh Circuit.
Feb 2, 1982.
670 F.2d 81
Philip E. Burchett, Donat & Burchett, Lafayette, Ind., for plaintiff-appellant., Steven J. Plotkin, Chicago, Ill., for defendant-appellee.
Cummings, Markey, Posner.
Cited by 103 opinions  |  Published
POSNER, Circuit Judge.

Duane E. Cummins applied for social security disability benefits. An administra[*82] tive law judge of the Department of Health and Human Services denied his application after a hearing in which Cummins was present and was represented by counsel. After exhausting his administrative remedies Cummins brought this suit in federal district court under 42 U.S.C. § 405(g) seeking review of the denial of his application. He consented to have his case heard before a federal magistrate who on cross-motions for summary judgment upheld the denial of benefits. His appeal from the magistrate’s judgment challenges the validity and application of the standards by which the Department of Health and Human Services decides disability cases.

It will simplify this opinion first to assume that the facts were correctly found by the administrative law judge and then to consider whether those findings are supported by substantial evidence.

The ALJ found as follows with regard to Cummins’ alleged disability. Cummins, 49 years old, of limited education but literate, had been variously a lumberyard worker, log cutter, and farm laborer — all jobs involving heavy manual labor. He had long been blind in one eye but this had not interfered with his work. An automobile accident several years earlier had left him with a permanent but, according to the ALJ, mild weakness on the right side of his body. He also had arthritis in his knees and right shoulder but he could walk without the aid of a cane and was capable (though he had never done it) of “sedentary work,” defined in the applicable regulations as “lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met.” 20 C.F.R. § 404.1567(a). The ALJ found, however, that Cummins was physically incapable of performing the heavy work that he had done before his automobile accident. He had been unemployed since the accident.

Putting to one side for a moment the finding that Cummins was blind in one eye, the ALJ’s findings compelled him, under the applicable regulations, to hold that Cummins was not disabled within the meaning of 42 U.S.C. § 423(d), the statute under which Cummins was claiming. This statute defines disability as “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment” lasting at least a year; and the impairment must be “of such severity that [the applicant] is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.” 42 U.S.C. §§ 423(d)(1)(A), 423(d)(2)(A). The Department of Health and Human Services has promulgated regulations, under the authority granted it in 42 U.S.C. § 405(a), to determine whether an impairment is of the requisite severity. The current regulations were adopted in 1979 and appear in 20 C.F.R., Appendix 2 (Medical-Vocational Guidelines). Appendix 2 is basically a matrix of the four factors that section 423 makes relevant to deciding whether an individual who is disabled from doing his previous work, such as Cummins, can find other substantial gainful work. The factors are: the heaviest type of substantial gainful work the applicant can do; his age; his education; and his previous work experience. Once the administrative law judge has determined each of these characteristics for the particular applicant he consults the relevant table in Appendix 2, here Table 1, and literally reads off from the pertinent row in the table the conclusion that the applicant is or is not disabled. He has no discretion: “Where the findings of fact made with respect to a particular individual’s vocational factors and residual functional capacity coincide with all of the criteria of a particular rule, the rule directs a[*83] conclusion as to whether the individual is or is not disabled.” Appendix 2, § 200.00.

Cummins’ characteristics, as found by the ALJ, put him in the row of Table 1 that is labeled Rule 201.18. This rule provides that if the applicant is 45-49 years of age, has limited or less education but is at least literate and able to communicate in English, has either no previous work experience or previous work experience limited to unskilled labor, and in his present condition is capable at most of sedentary labor as defined in 20 C.F.R. § 404.1567(a), quoted above, then he is — not disabled. That is the end of the case.

This mechanical approach has troubled some courts. See, e.g., Santise v. Harris, 501 F.Supp. 274 (D.N.J.1980). Cummins argues that the approach violates the. statute — which requires that the Secretary’s denial of an application for disability benefits be supported by substantial evidence, 42 U.S.C. § 405(g) — because the “grid,” as the approach in Appendix 2 is popularly and aptly called, is not a proper substitute for evidence. Congress, however, has given the Department of Health and Human Services very broad authority to promulgate regulations. “The Secretary shall have full power and authority to make rules and regulations and to establish procedures, not inconsistent with the provisions of this subchapter, which are necessary or appropriate to carry out such provisions, and shall adopt reasonable and proper rules and regulations to regulate and provide for the nature and extent of the proofs and evidence.... ” 42 U.S.C. § 405(a). We think it was not only lawful under this grant of power, but highly appropriate, for the Secretary to try to streamline the adjudication of social security disability cases and bring about some greater uniformity in the results of these adjudications — which we are told run to about 100,000 each year, made by hundreds of different administrative law judges. Nor does Appendix 2 dispense with evidence. It simply provides criteria, though binding criteria to be sure, for deciding whether the impairment found by the ALJ as a matter of fact is of the severity required by the statute before disability benefits can be awarded. If the statutory term “disability” described a historical fact best or only ascertainable on a case-by-ease basis, binding criteria might be a problem; but it does not; it is a judgment that a person’s health makes it exceedingly unlikely that he could find a job even if he looked hard for one everywhere in the United States. Such a judgment, to be well informed, requires a broad knowledge of the labor market. The Department of Health and Human Services has this knowledge and can both supplement and draw upon it in a rulemaking proceeding. It was entitled to substitute an institutional judgment for the ad hoc judgments of administrative law judges based on the testimony of vocational experts and other witnesses and on their own limited and variable knowledge of the labor market.

Although we accept the validity of establishing binding criteria of disability by rule-making, the criteria must of course be reasonable; the statute explicitly requires that. But we do not have to evaluate Appendix 2 in its entirety in order to decide whether Rule 201.18 is reasonable. It does not seem unreasonable on its face and Cum-mins limits his criticism of it to two features: its binding character, which we have already discussed; and its alleged arbitrariness in borderline cases, of which his is one. Cummins was 49 years old. This placed him at the upper end of the age range in Rule 201.18. If he had been one year older he would have been deemed disabled by virtue of Rule 201.09, also in Table 1 of' Appendix 2. But you cannot have borderlines without close cases. Because the judgment of disability is dichotomous, there will always be some line short of which the applicant is deemed disabled and beyond which he is not. If the Department had drawn the line at 49 rather than 50 Cum-' mins would have been over it but some 48 year old would have had the same com- , plaint that Cummins has under the present rule. We can find nothing unreasonable in the Department’s choice of where to draw the line; it was to some extent arbitrary but that is in the nature of line-drawing.

[*84] We have assumed thus far that Cummins’ characteristics fit the requirements of Rule 201.18 exactly, but in fact they did not, because he was blind in one eye. A vision impairment is “nonexertional” and therefore not encompassed in the definition of ability to do sedentary work. But of course if a man were completely blind he might well be incapable of sedentary work even if he had the requisite strength and mobility. The Department recognizes this and in cases where there is a nonexertional impairment the ALJ must go beyond the grid. He did so in a responsible manner here, finding that Cummins’ blindness in one eye had not interfered with his previous work and would not interfere with sedentary work of which he was “exertion-ally” capable. This finding was one of fact and since it was supported by substantial evidence we have no power to disturb it. Cummins cites our decision in Cannon v. Harris, 651 F.2d 513 (7th Cir. 1981), but it is of no help to him. The plaintiff there had chronic alcoholism and “the ALJ made no findings with respect to its severity or its effect on plaintiff’s residual functional capacity.” Id. at 518. The required findings were made here and are, as mentioned, supported by substantial evidence.

Cummins also challenges the ALJ’s finding that he had the exertional capability to do sedentary work as defined in the regulations. The ALJ agreed that if Cummins had the severe neurological disorder, severe intractable pain, and extremely limited mobility that he claimed to have he would be incapable of sedentary work. But the ALJ found against him on the facts, after considering the medical evidence in the case, which was disputed, and which we are not free to reweigh de novo ; and after finding Cummins’ own testimony not credible — a finding as to which our powers of review are even more limited. Cummins particularly complains of the ALJ’s refusal to defer to the judgment of Cummins’ personal physician. It is true that this physician had examined Cummins more extensively than anyone else; but as Cummins’ personal physician he might have been leaning over backwards to support the application for disability benefits; therefore the fact that he had greater knowledge of Cum-mins’ medical condition was not entitled to controlling weight. Even less compelling was the testimony of Cummins’ wife. A trier of fact is not required to ignore incentives in resolving issues of credibility.

This is a “hard” (harsh, not difficult) case. Cummins turned 50 shortly after his eligibility for social security disability benefits expired. Extra-record evidence that we have no reason to doubt is truthful indicates that he recently suffered a heart attack. He remains out of work though he receives moderate disability benefits from the Veterans Administration under an unrelated statute. Possibly his prospects of obtaining substantial gainful employment of any kind since his automobile accident forced him to discontinue heavy work have never been more than theoretical. But the statute under which he claimed is not an unemployment insurance program; it is a disability program with very strict statutory criteria. His application for benefits was thoroughly reviewed both administratively and judicially. There is no remedy fairly within our power for the relief that he asks.

Affirmed.