Earn Davis v. John W. Gardner, Secretary of Health, Education and Welfare

This is an appeal from a judgment of the District Court affirming the Appeals Council of the Department of Health, Education and Welfare, which denied appellant’s application for disability insurance benefits and a declaration of disability under the Social Security Act, §§ 223, 216. The only question is whether appellant has the ability “to engage in any substantial gainful activity” within the meaning of § 223(d) (1) (A) of the Act.

Appellant filed an application with the Secretary in 1960, alleging disability from May 1, 1958. The hearing examiner found that, although appellant could not…