Margaret L. Nichols v. Joseph A. Califano, Secretary of the Department of Health, Education, and Welfare

KENNEDY, Circuit Judge:

Appellant Margaret Nichols brought suit in the district court to overturn a determination of the Secretary of Health, Education, and Welfare that she is not entitled to disability benefits under 42 U.S.C. §§ 416(i) and 423. The district court entered summary judgment in favor of the Secretary. We reverse.

Nichols, a 53-year old woman, suffers from urinary incontinence. She is also diabetic. Since 1968 she has undergone two major operations to correct her problem, but neither was successful. The period of her disability allegedly began on June 20, 1973. Nichols applied…