Marion A. Cooke v. Anthony J. Celebrezze, Secretary of Health, Education, and Welfare

SOBELOFF, Circuit Judge:

On December 11, 1961, Marion A. Cooke of Inman, West Virginia, applied for disability insurance benefits under the Social Security Act, 42 U.S.C.A. §§ 416(i), 423 (1958). After a number of administrative proceedings, 1 the Hearing Examiner denied benefits, and the Appeals Council of the administration affirmed. In a petition to review that decision, the District Court held that the medical evidence established Cooke’s inability to return to his former work in the coal mines, but remanded the case to the Secretary for further evidence on the question whether there was…