John W. Gardner, Secretary of Health, Education and Welfare v. Luther L. Smith

RIVES, Circuit Judge:

This is an action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) for judicial review of the Secretary’s decision denying the claimant’s application to establish a period of disability and for disability insurance benefits under sections 216 (i) and 223 of the Act, 42 U.S.C. §§ 416(i) and 423. 1 The district court in passing upon the claim found that erroneous, improper and repudiated legal standards were applied and, hence, that the decision should not enjoy the insulation of the substantial evidence test. The court further found that, if the…