Luther P. Mitchell v. John W. Gardner, Secretary of the Department of Health, Education, and Welfare

FAHY, Circuit Judge (dissenting).

The ultimate question is whether appellant was shown, on the administrative record upon the basis of which the District Court acted, not to be entitled to the establishment of a period of disability under Section 216 (i) of the Social Security Act, as amended, or to disability benefits under Section 223(a) of the Act. Stated otherwise the question is whether appellant has a disability that renders him unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in…