Emily L. Harvey v. Elliott L. Richardson, Secretary of Health, Education and Welfare, Emily L. Harvey v. Elliott L. Richardson, Secretary of Health, Education and Welfare

451 F.2d 589 Emily L. HARVEY, Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Appellee. Emily L. HARVEY, Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Appellee. Nos. 26337, 26671. United States Court of Appeals, Ninth Circuit. Nov. 15, 1971. Orville I. Wright, San Francisco, Cal., for appellant. James L. Browning, Jr., U. S. Atty., Brian B. Denton, Asst. U. S. Atty., San Francisco, Cal., for appellee. Before CHAMBERS, MERRILL and KILKENNY, Circuit Judges. PER CURIAM: 1 Appellant's application for disability benefits under 42 U.S.C. Secs. 416 (i) and 423 was denied. Thereafter, she instituted an action in the district court under 42 U.S.C. Sec. 405 (g) to review the appellee's decision denying her benefits. The district court, 313 F.Supp. 323 , granted a motion for summary judgment and the appellant now appeals from that judgment. We affirm. 2 Where, as here, the evidence is in conflict, it is the function of the appellee to decide all issues of fact. Jacobs v. Finch, 421 F.2d 843 (9th Cir. 1970). His findings are conclusive if supported by substantial evidence, looking to the record as a whole. The same rule…