Harold E. Bledsoe v. Elliott L. Richardson, Secretary of Health, Education and Welfare

I respectfully dissent.

Section 223(a)(1) of the Social Security Act, 42 U.S.C. § 423(a)(1), provides for disability insurance for every person who (1) is insured for disability insurance benefits, (2) has not attained the age of 65, (3) has filed application for disability insurance benefits, and (4) is under a disability.

The appellant here, Harold E. Bledsoe, fulfilled the first three requirements and had the burden of proving that he was under a disability, defined as “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental…