Willie Graham v. Abraham A. Ribicoff, Secretary of Health, Education and Welfare

Willie Graham appeals from a summary judgment for defendant in his action to review a final decision of the Sec retary of Health, Education and Welfare rejecting his application for disability insurance benefits.

Graham’s application for disability insurance benefits was made under section 223 of the Social Security Act, 42 U.S. C.A. § 423. The claim was denied by the chief of the Social Security Administration’s evaluation and review branch on the ground that Graham was not disabled as defined in that section. Graham later asked the bureau for a reconsideration of his application, asserting that the California State Vocational Rehabilitation Bureau had advised him that he would not benefit from its services. In his request for reconsideration, Graham also stated that he had decided against surgery for his back condition as he was told there was only a 50-50 chance that the operation might relieve his pain. The application was reconsidered but again denied, this time by the chief of the reconsideration branch.

Graham then requested that a hearing be held on his application before a referee of the Social Security Administration. A hearing was held, as a result of which the…