William P. Flake v. John W. Gardner, Secretary of Health, Education and Welfare

This is an action to review a decision of the Secretary of Health, Education and Welfare denying an application for a period of disability and for disability insurance'benefits under sections 216 (i) and 223 of the Social Security Act as amended ( 42 U.S.C. §§ 416 (i) and 423). The District Court entered summary judgment for the Secretary and the applicant (Flake) appeals. His arguments are, in essence, (1) that the decision of the Secretary is not supported by substantial evidence (§ 205(g)); and (2) that the Secretary applied an improper legal standard in finding the facts.

The case presents some important questions as to the proper construction of section 223 of the Act, as amended, and we therefore discuss it in some detail.

I. The facts.

Flake filed his application on October 10, 1963. It was denied by letter on January 13, 1964, and reconsideration was denied on June 27, 1964. He requested a hearing, which was held on November 16, 1964.

a. Flake’s oral testimony.

In his application, Flake described his impairments as “coronary” and “osteoarthritis of the spine and extremities” and alleged that he became unable to work because of these impairments on June 10, 1963. At…