Lawrence J. Labee v. Wilbur J. Cohen, Secretary of Health, Education and Welfare

Appellant brought this action under section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to obtain judicial review of a determination by the Secretary of Health, Education and Welfare that appellant was not entitled to establish a period of disability and to disability insurance benefits under section 223 of the Social Security Act, 42 U.S.C.A. § 423, The District Court granted the Secretary’s motion for a summary judgment. We affirm. 1

The appellant is a forty year old male who claims that he is unable to engage in substantial gainful activity. While in the army in 1953, the…