Marvin A. Yawitz v. Caspar W. Weinberger

This is a suit under 42 U.S.C. § 405(g) for disability benefits alleged to be due Marvin A. Yawitz under sections 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 416(i) and 423. The claim was refused by the Social Security Administration and after Yawitz had exhausted all of his administrative remedies, including a hearing before an administrative law judge and an adverse decision from the Appeals Council, he brought this action in district court against the Secretary of Health, Education and Welfare. Both Yawitz and the Secretary moved for summary judgment, and after a referral to a…