Rubin v. Flemming

ZAVATT, District Judge.

This is an action brought pursuant to 42 U.S.C.A. § 405(g) (1956) to review the decision of a referee and the Appeals Council of the Social Security Administration, Department of Health, Education & Welfare, denying the plaintiff’s application for benefits under the Social Security Act. The plaintiff has moved for summary judgment. The defendant has made a cross motion for summary judgment.

The facts as found by the referee are supported by substantial evidence and are not reviewable by this court. 42 U.S.C.A. § 405(g). (1956) Whether on these facts the plaintiff is…