Donald W. Paul v. Anthony J. Celebrezze, Secretary of the Department of Health, Education Andwelfare

This case arises on appeal from a district court order granting the motion for summary judgment made by appellee, the Secretary of the Department of Health, Education and Welfare. This court has jurisdiction of the appeal from a final decision as conferred upon it by 28 U.S.C. § 1291 . The district court had jurisdiction of the petition for review pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405 (g).

Appellant, Donald W. Paul, filed an application for disability benefits under the Social Security Act on August 23, 1960, alleging that cataracts of both eyes had disabled him from employment as of August 3, 1959. Appellant had been employed principally in a supervisory capacity in the tool and die-making and pantograph engraving trade.

The Social Security Administration denied appellant’s application on January 11, 1961 on the grounds that his ailment was not within the statutory definition of one “expected to continue for a long and indefinite time * * (Ad.R. 99) The denial was upheld upon reconsideration on October 21, 1961. On August 28, 1962, further reconsideration of appellant’s claim was undertaken before a hearing examiner of the Social Security…