James Brannon Myers v. John W. Gardner, Secretary of Health, Education and Welfare

On February 1, 1962, the appellant filed an application to establish a period of disability and for disability insurance benefits, under the provisions of the Social Security Act, alleging that he had been unable to work since May 1961, because of specified injuries, ailments and diseases. The appellant’s application was denied by the Social Security Administration and appellant’s request for reconsideration was likewise denied. Appellant requested a hearing before a Hearing Examiner.

A hearing was had before a Hearing Examiner. The Examiner found in his decision rendered January 24, 1964, that the appellant had, on January 1, 1961, been “disabled” within the meaning of the Social Security Act; that such disability continued up to and during the effective period of his application; and applicant was accordingly entitled to a period of disability and the disability insurance benefits under the Social Security Act on the basis of his application.

Based on the decision of the Hearing Examiner, the period of disability beginning January 1, 1961, was established and the appellant was awarded disability insurance benefits commencing at the end of the six months waiting period…