Roy J. Dixon v. John W. Gardner, Secretary of Health, Education and Welfare (Wilbur J. Cohen, Successor)

STERLING HUTCHESON, District Judge.

Appellant filed application for disability insurance benefits on April 5,1963 alleging inability to perform work since 1956. The application was denied by the Secretary of Health, Education and Welfare because he was not in an insured status during the required 18 months prior to filing application. After the act removing the 18 months disability requirement, Appellant filed application alleging inability to work since 1949. His earnings record established an insured status expiring on September 30, 1952. Therefore there was placed upon him the burden of…