Vincent Schena v. Secretary of Health and Human Services

BOWNES, Circuit Judge.

Plaintiff-appellant Vincent Schena appeals an order of the district court granting the motion of the Secretary of Health, Education and Welfare (Secretary) for summary judgment and dismissal. The issues are whether the district court erred in finding substantial evidence to support the Secretary’s decision that the claimant was- hot disabled after December 6, 1974, and whether the Secretary’s determination that Schena’s refusal to have a spinal fusion operation was unreasonable is supported by substantial evidence in the record.

I

The Facts

Schena suffered a ruptured lumbar…