Byron White

“ If the surviving spouse's impairment does not meet or equal one of the listed impairments, the Secretary will not find the spouse disabled; in particular, the Secretary will not consider whether the spouse's impairment nonetheless makes the spouse disabled, given the spouse's age, education, and work experience.
The Secretary's practice for spouses' disability insurance benefits thus differs significantly from the regulations for determining whether a wage earner is entitled to disability insurance benefits. ”

“ This is what Congress has done in the fourth sentence of § 405 (g) . [8] More generally, respondent argues that a power in the district court to remand to an agency is always incident to the power to review agency action and that § 405 (g) only expanded the district courts' equitable powers; therefore, she insists, it is improper to construe § 405 (g) as a limit on the district courts' power to remand. This argument misapprehends what Congress sought to accomplish in § 405 (g) . The fourth sentence of § 405 (g) does not "limit" the district courts' authority to remand. ”

“ Section 423 (d) (2) (B) states that a widow shall not be determined to be disabled unless her impairment is of a level of severity which, "under regulations prescribed by the Secretary," is deemed sufficient to preclude an individual from engaging in any gainful activity. ”