Donald M. Rhinehart v. Robert H. Rinch, Etc. (Wilbur J. Cohen, Secretary of Health, Education and Welfare)

Acting pursuant to 42 U.S.C. § 405 (g), Donald M. Rhinehart commenced this action in the district court to review a final decision of the Secretary of Health, Education and Welfare. That decision found that Rhinehart’s period of disability had ceased under the particular application filed and that he was no longer entitled to disability insurance benefits under 42 U.S.C. §§ 416 (i), 423 (a). Upon motions for summary judgment filed by both parties, the district court found the Secretary’s decision to be supported by substantial evidence, and granted the Secretary’s motion. Rhinehart appeals. We affirm.

The scope of our review in this case is limited: “The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive * * * ” 42 U.S.C. § 405 (g). Dean v. Gardner, 393 F.2d 327 (9th Cir. 1968); Mark v. Celebrezze, 348 F.2d 289 (9th Cir. 1965). The burden of proof is upon the appellant to establish that he is entitled to the benefits claimed under the Act. McMullen v. Celebrezze, 335 F.2d 811, 813 (9th Cir. 1964). The Hearing Examiner, whose decision became the final decision of the Secretary, found that Rhinehart was able to undertake certain…