Arthur S. Flemming, as Secretary of Health, Education and Welfare v. Hunter Lee Booker

RIVES, Chief Judge.

A Referee denied Booker’s claim for a period of disability under Section 216(i) (1) of the Social Security Act, 42 U.S. C.A. § 416(i) (1), and for disability insurance benefits under Section 223 of the Act, 42 U.S.C.A. § 423, holding that Booker had not furnished sufficient proof of the existence of his “disability.” 1 The appellant Secretary, through his Office of Appeals Council, denied Booker’s request for review of the Referee’s decision, and wrote Booker that “ * * * the referee’s decision stands as the final administrative decision of your claim.”

In a review under…