Joseph P. Gerardi v. Secretary of Health, Education and Welfare, and Social Security Administration

Good Law
408 F.2d 491
United States Court of Appeals for the Ninth CircuitFebruary 24, 196923011California128 words

Opinion

This action was commenced pursuant to Sec. 205(g) of the Social Security Act as amended, 42 U.S.C. § 405 (g) for judicial review of a final decision of the Secretary of Health, Education and Welfare, which had disallowed appellant’s claim for disability benefits. The district court affirmed the decision of the Secretary and appellant appealed.

The Secretary found:

Sec. 205(g) of the Social Security Act, 42 U.S.C. § 405 (g) provides, “the findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive.”

The findings were supported by substantial evidence. Even the professional medical opinions submitted by appellant and relied upon by him did not state or imply that his injuries are such that he is unable to work.

The judgment is affirmed.