John C. Dean v. John W. Gardner, Secretary of Health, Education and Welfare of the United States of America

Pursuant to section 205(g) of the Social Security Act, 49 Stat. 624 (1935), as amended, 42 U.S.C. § 405 (g) (1964), Jack C. Dean instituted this civil action for review of the Secretary’s final decision disallowing Dean’s claim for a period of disability and for disability insurance benefits under sections 216(i) and 223 of the Act, 64 Stat. 492 (1950) and 70 Stat. 815 (1956), as amended 42 U.S.C. §§ 416 (i), 423 (1964). The district court granted summary judgment in favor of the Secretary on September 28, 1966, and Dean appeals.

Dean’s application for disability benefits was filed on June 12, 1964. The application alleged that, because of a back injury suffered on April 30, 1961, Dean had been unable to engage in substantial gainful activity since that date. Following an initial denial, a hearing was held on May 10, 1965. The hearing examiner held that the evidence failed to establish that Dean was unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment. * * * ” (§§ 216 (i) (1) and 223(c) (2) of Act, 42 U.S.C. §§ 416 (i) (1), 423(c) (2) (1964)). On February 18, 1966, the Appeals Council reviewed the case and,…