Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Hubert C. Kelly

TUTTLE, Chief Judge.

The judgment of the trial court directing the Secretary of Health, Education and Welfare to find that the appellee “has established a period of disability within the meaning of Title 42 United States Code, Section 416(i), and is entitled to the payment of disability insurance benefits under the provisions of Title 42, United States Code, Section 423,” must be reversed.

It is clear that in its analysis of the record made in the administrative proceedings before the Secretary as to the appellee’s physical condition, the trial court rejected the evidence that would support the…