Cecil Smith v. John W. Gardner, Secretary of Health, Education & Welfare

The Secretary of Health, Education and Welfare appeals from a District Court judgment awarding to appellee, Cecil Smith, benefits under the Social Security laws of the United States. The Secretary’s examiner found, after a hearing, that the said Smith was not at the time of, and following, his application for Social Security benefits, made on July 21, 1961, disabled within the meaning of Section 216(i) (1) (A).

Review of the findings of the trial examiner was had and his decision was affirmed and became the decision of the Secretary. Smith then commenced his action in the United States…