Marek v. Finch

MEMORANDUM OPINION

WILL, District Judge.

This action is brought under 42 U.S.C. section 405(g) to review a final decision of the Secretary of Health, Education and Welfare (HEW) which denied plaintiff’s disability application under section 216(i) of the Act, 42 U.S.C. § 416(i) and refused plaintiff any disability insurance benefits under section 423 of Title 42. The defendant Secretary has moved for *1031summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.1 The issue presently before this Court is whether the decision of the Secretary to deny Mr. Marek the benefit of…