U.S. Court of Appeals for the Third Circuit, 1969

Mrs. Beatrice B. Jones v. Robert H. Finch, Secretary of Health, Education and Welfare, United States of America

Mrs. Beatrice B. Jones v. Robert H. Finch, Secretary of Health, Education and Welfare, United States of America
U.S. Court of Appeals for the Third Circuit · Decided June 13, 1969 · Kalodner, Van Dusen Stahl
412 F.2d 854; 1969 U.S. App. LEXIS 11944 (Federal Reporter, Second Series)

Mrs. Beatrice B. Jones v. Robert H. Finch, Secretary of Health, Education and Welfare, United States of America

Opinion

OPINION OF THE COURT

PER CURIAM:

This appeal is from a summary judgment entered by the District Court in favor of the defendant in an action brought pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare denying the plaintiff Old Age Insurance benefits under § 202(a) of the Act, 42 U.S.C. § 402(a).

Section 405(g) provides in relevant part that “The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive * * * ”, in any action to review a final decision of the Secretary made after a hearing.

On review of the record we are most reluctantly compelled to the conclusion that we cannot say that the record fails to afford substantial evidence to support the Secretary’s finding that the plaintiff was not a fully insured individual.

For the reasons stated, the judgment of the District Court will be affirmed.

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