Andrew C. Mark v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

This appeal is from a summary judgment entered in favor of appellee in an action brought by appellant pursuant to § 205(g) of the Social Security Act [ 42 U.S.C. § 405 (g)], to review the final decision of the Secretary disallowing a period of disability and disability benefits under § 216(i), as amended, and § 223 of the Act [id., §§ 416(i) and 423].

As a condition precedent to an award of disability benefits, § 223(a) (1) (D) of the Social Security Act [ 42 U.S.C. § 423 (a) (1) (D)] specifies that the individual applicant must be under a “disability”, as defined in subsection (c) (2) of § 223, at the time of filing the application therefor. Section 223(c) (2) of the Act defines “disability” for the purpose of an award of disability benefits under § 223 (a) (1) as follows: #

Although appellant’s application for disability benefits, filed October 18, 1962, refers only to a “coronary condition, & cancerous condition caused by chronic ear infection”, we are satisfied that the application embraces as well the allegedly debilitating headaches so significant to appellant’s claim. Especially so since he, at least, regards the headaches as consequent to the claimed “cancerous…