Charles Livingston v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Charles Livingston appeals from the district court’s grant of a motion for summary judgment in favor of the Secretary of Health, Education and Welfare (HEW) in his action for review of the final decision of the Secretary pursuant to section 205(g) and section 1631 of the Social Security Act. 1 Mr. Livingston, on May 5, 1977, filed an application for Disability and Supplemental Security income benefits under titles II and XVI of the Social Security Act, as amended. 2 His claim for disability benefits was denied by the Administrative Law Judge (ALJ),…