Oliver Glass v. Secretary of Health, Education and Welfare

This appeal from an order entered upon cross-motions for summary judgment affirming a decision of the Secretary of Health, Education and Welfare-denying appellant’s claim to disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-431 (1970), as amended (Supp. II, 1972), requires us to decide whether there is substantial evidence to support the Secretary’s determination that appellant has a residual capacity for “substantial gainful activity.” We hold that there is not.

Appellant, 1 who indisputably suffers from a severe back injury and consequent physical disability to…