Hutton v. Flemming

HILL, Chief Judge.

Plaintiff has made timely application to this Court, seeking the review of a final decision of the Secretary of Health, Education and Welfare (Title 42 U.S.C.A. § 405(g), which determined that plaintiff did not qualify for the so-called “disability freeze” provision of the Social Security Act (42 U.S.C.A. §§ 416(i) (1) (A) and 415 (e) (4) (A).

In this action this Court is limited to a consideration of the record (42 U.S.C.A. § 405(g)) and must treat any factual findings as conclusive where supported by substantial evidence. Both parties have moved for summary judgment;…