Ann E. Waters v. John W. Gardner, Secretary of Health, Education and Welfare of the United States of America

This is an action under Title II of the Social Security Act, 42 U.S.C. § 401ff, for judicial review of a final decision of the Secretary of Health, Education and Welfare denying appellant’s application to establish a period of disability and an award of employment disability insurance benefits.

Appellant filed her application with the Social Security Administration on January 13, 1964, alleging that because of a back injury she became unable to work on December 27, 1960. Her application was denied. Upon reconsideration and examination, the Division of Vocational Rehabilitation of the Montana State Board of Education also found appellant was not disabled. Appellant requested a hearing before the Bureau of Hearings and Appeals of the Social Security Administration. The hearing examiner considered the case de novo and found her not disabled. The Appeals Council of the Bureau of Hearings and Appeals affirmed the hearing examiner’s decision.

Appellant sought review in the United States District Court under the provisions of section 205(g) of the Act ( 42 U.S.C. § 405 (g)). On October 25, 1967, the district court remanded the case to the Secretary for reconsideration and the taking of…