Dewey Monday v. John W. Gardner, Secretary of Health, Education and Welfare

Plaintiff-appellant, Dewey Monday, appeals from a District Court’s summary judgment affirming denial, by the Secretary of Health, Education and Welfare, of appellant’s application for Social Security benefits. Appellant’s application was first denied upon the Appeals Council’s adoption of a Hearing Examiner’s Decision. Review was sought in the United States District Court and there, upon motion of the Secretary, the matter was remanded for a further hearing. Such hearing was had before another Hearing Examiner whose decision recommended the award of benefits to appellant. The Appeals Council,…