Robert C. Lewis v. John W. Gardner, Secretary of Health, Education and Welfare

On May 1, 1961, appellant filed an application with the Secretary for a period of disability and disability insurance benefits under the Social Security Act, 42 U.S.C. §§ 416(i) and 423, alleging that he had become disabled in 1951 as a result of a back injury. The Secretary’s initial decision denying the application was set aside by the District Court, which remanded the cause for further proceedings. After the taking of addi tional evidence at a second hearing before a second examiner, the Secretary found that appellant had the residual capacity to engage in light work which was available…