Hyman P. Levine v. John W. Gardner, Secretary of Health, Education and Welfare

MOORE, Circuit Judge:

This is an appeal from an order of the District Court for the Eastern District of New York granting summary judgment for the defendant in a suit to review a decision of the Secretary of Health, Education and Welfare denying plaintiff’s application for disability insurance benefits under 42 U.S.C. § 423 and for the establishment of a period of disability under 42 U.S.C. § 415. Levine v. Celebrezze, 247 F.Supp. 539 (E.D.N.Y.1965).

The definition of disability is the same for both sections of the statute:

“The term 'disability’ means inability to engage in any substantial…