Cyril M. Lien v. Wilbur J. Cohen, Secretary of Health, Education and Welfare

Good Law
432 F.2d 1222·1970 U.S. App. LEXIS 6752
United States Court of Appeals for the Ninth CircuitOctober 28, 197024194California357 words

Opinion

Opinion

Cyril M. Lien petitioned the district court to review a decision of Wilbur J. Cohen, Secretary of Health, Education and Welfare, denying Lien’s claim for disability insurance benefits under section 223 of the Social Security Act, 42 U.S.C. § 423 . The district court granted summary judgment in favor of the Secretary. This appeal followed.

Lien filed his claim for disability benefits on July 8, 1965. He alleged that he had become unable to pursue gainful employment due to a combination of physical and mental disabilities. The record shows that, since November, 1963, when Lien had first sought treatment for recurrent low back pain, he had undergone numerous medical examinations and diagnoses.

After evaluating the evidence presented, both of a physiological and psychiatric nature, the hearing examiner concluded that Lien’s impairments were not of such severity as to prevent him from engaging in gainful activity. The agency’s Appeals Council concurred and entered a final decision denying the disability claim.

Lien argues that this decision is not supported by substantial evidence when the agency record is considered as a whole, and that the district court therefore erred in…

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