Dewey Frankum v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

343 F.2d 426, 1965 U.S. App. LEXIS 6140

Opinion

PER CURIAM:

Social Security disability insurance ■benefits were sought by Dewey C. Fra-n-kum but denied by the Secretary of Health, Education and Welfare. The Secretary found that the claimant had not established that he was “ineapable of performing his prior, usual or regular work” and consequently that he had failed to prove that he was incapable of “engaging in any substantial gainful activity”, a prerequisite for success under the Act. §§ 223(c) (2) and 216(i), 42 U.S.C. §§ 423(c) (2) and 416 (i).

Upon consideration of the record and the arguments of counsel, orally and on brief, we cannot say that the District Court was clearly erroneous, within the intendment of Rule 52(a) Fed.R.Civ.P., in concluding that the Secretary was not without substantial evidence to support his decision. § 205(g), 42 U.S.C. § 405 (g).

Affirmed.