Mrs. Beatrice B. Jones v. Robert H. Finch, Secretary of Health, Education and Welfare, United States of America

Third Circuit

Mrs. Beatrice B. Jones v. Robert H. Finch, Secretary of Health, Education and Welfare, United States of America

412 F.2d 854, 1969 U.S. App. LEXIS 11944

CourtCourt of Appeals for the Third Circuit

DecidedJune 13, 1969

Docket17636

StatusPublished

This text of 412 F.2d 854 (Mrs. Beatrice B. Jones v. Robert H. Finch, Secretary of Health, Education and Welfare, United States of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mrs. Beatrice B. Jones v. Robert H. Finch, Secretary of Health, Education and Welfare, United States of America, 412 F.2d 854, 1969 U.S. App. LEXIS 11944 (3d Cir. 1969).

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Opinion

OPINION OF THE COURT

PER CURIAM:

This appeal is from a summary judgment entered by the District Court in favor of the defendant in an action brought pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare denying the plaintiff Old Age Insurance benefits under § 202(a) of the Act, 42 U.S.C. § 402(a).

Section 405(g) provides in relevant part that “The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive * * * ”, in any action to review a final decision of the Secretary made after a hearing.

On review of the record we are most reluctantly compelled to the conclusion that we cannot say that the record fails to afford substantial evidence to support the Secretary’s finding that the plaintiff was not a fully insured individual.

For the reasons stated, the judgment of the District Court will be affirmed.

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