John J. Beane v. Elliot L. Richardson, as Secretary of Health, Education, and Welfare

The appellant sustained a fall on March 15, 1967, while working at his occupation as a sailmaker. He filed an application on January 9, 1968, for a period of disability under 42 U.S.C. § 416 (i), and for disability insurance benefits under 42 U.S.C. § 423 . His application was denied by the disability examiners and the matter went to hearing. The Hearing Examiner found in favor of appellant but the Appeals Council reviewed, considered some additional evi dence, and after examining the entire record de novo, concluded the claim did not entitle appellant to benefits. The Appeals Council’s decision thus became the final decision of the Secretary of Health, Education and Welfare and subject to review by the district court. 42 U.S.C. § 405 (g).

On appeal to this court, the findings of the Secretary are conclusive if supported by substantial evidence looking to the record as a whole. Harvey v. Richardson, 451 F.2d 589 (9th Cir. (1971), Rhinehart v. Finch, 438 F.2d 920 (9th Cir. 1971). Likewise, the statutory restriction upon our review applies to the inferences drawn from such facts, if they have a substantial basis in the record. Mark v. Celebrezze, 348 F.2d 289 (9th Cir. 1965).

The…