Garboden v. Secretary of Health, Education & Welfare

OPINION AND ORDER

KILKENNY, District Judge:

Here, for review is the final decision of the defendant under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

The issue is whether the decision of the Secretary, holding that plaintiff failed to show that he was unable to engage in a substantial gainful activity by reason of his alleged impairment, is supported by substantial evidence. The Act places the burden of proving such disability on the plaintiff. Graham v. Ribicoff, 295 F.2d 391 (9th Cir. 1961); Mark v. Celebrezze, 348 F.2d 289 (9th Cir. 1965).

Plaintiff, in March, 1955, at the age of…