U.S. Court of Appeals for the Fifth Circuit, 1968

Lillie H. Martinez v. John W. Gardner, Secretary of Health, Education and Welfare

Lillie H. Martinez v. John W. Gardner, Secretary of Health, Education and Welfare
U.S. Court of Appeals for the Fifth Circuit · Decided March 5, 1968 · Coleman, Ainsworth, Dyer
390 F.2d 874; 1968 U.S. App. LEXIS 7853 (Federal Reporter, Second Series)

Lillie H. Martinez v. John W. Gardner, Secretary of Health, Education and Welfare

Opinion

PER CURIAM:

Appellant sought disability benefits under the Social Security Act, 42 U.S. C.A. §§ 416(i), 423, claiming that she was unable on the critical date, September 30, 1960, to engage in any substantial gainful activity by reason of a medically determinable physical impairment. The hearing examiner found that appellant was not disabled within the meaning of the Act. We agree with the District Court that the examiner’s findings are supported by substantial evidence 1 and should be upheld.

Affirmed.

1

. The result reached by the examiner and the District Court is not changed by the recent statutory change in the definition of disability, P.L. 90-248, 81 Stat. 821.

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