Elmo R. Jacobs v. Robert H. Finch, Secretary of Health, Education and Welfare

The judgment of the district court is affirmed. Appellant was denied Social Security disability benefits by the Secretary of Health, Education and Welfare.

But our review of the record indicates this: Upon conflicting evidence, the Secretary could have properly decided in favor of Jacobs. But it was decided the other way. On review the district court and we cannot upset the Secretary if there was substantial evidence to support his determination.

In 1968 the disability standards under the Act were amended (P.L. 90-248, Sec. 158; 42 U.S.C. § 423(d) (2) (A)). Appellant fails to recognize the…