Matthew Chavies v. Robert H. Finch, Secretary of Health, Education and Welfare

Chavies brought this action in the District Court, under 42 U.S.C. § 405 (g), to review and set aside a final decision by the Secretary finding that Chavies’ period of disability had ceased and that he was no longer entitled to disability benefits under 42 U.S.C. §§ 416 (i), 423. The District Court granted summary judgment in favor of the Secretary. Chavies appeals. We affirm.

The scope of our review 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). Rhinehart v. Finch, 9 Cir., 1971, 438 F.2d 920 ; Dean v. Gardner, 9 Cir., 1968, 393 F.2d 327 . The Hearing Examiner found, and his decision was adopted by the Appeals Council, that Chavies’ period of disability from a back injury ceased in November, 1966, and that after that date he had the residual mental and physical capacity to undertake certain jobs which existed in the national economy. The finding is supported by substantial medical evidence that Chavies, although still under a partial disability, was able to perform light work not requiring significant physical exertion.

Chavies argues that the testimony of a vocational expert who…