Ell Prewitt v. John W. Gardner, Secretary of Health, Education and Welfare

This is a companion ease to Daniel v. Gardner, 5 Cir., 1968, 390 F.2d 32, decided this day. Here, however, the Secretary’s decision was bottomed upon an incorrect legal principle that to be “medically determinable” the impairment must be established by objective medical, clinical or laboratory evidence. In rejecting this test we have said:

But the statute does not require that disability or its cause be “substantiated objectively.” Of course, it must be “by reason of any medically determinable physical or mental impairment.” But modern medicine is neither so scientific nor so helpless today…