Russell C. Lind v. John W. Gardner, Secretary of Health, Education & Welfare

434 F.2d 1313

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 28, 1971
• Docket: 23883_1
• Status: Published

Opinion

PER CURIAM:

In 1964 the Secretary of Health, Education, and Welfare terminated Lind’s disability insurance benefits because the Department decided that Lind was capable of engaging in “substantial gainful activity.” 1 42 U.S.C. §§ 416(i), 423. This decision was affirmed by the agency upon reconsideration, by an examiner after a de novo hearing, and by the Department Appeals Council. Lind sought relief in the District Court and now appeals from a summary judgment upholding the Department’s decision. 42 U.S.C. § 405(g).

From the record before us, we cannot say that the challenged administrative decision was not supported by substantial evidence. 2

Affirmed.

1 . In 1961, when he first received the disability benefits, Lind was diagnosed as a chronic schizophrenic with reactions of the paranoid type who also suffered from heart trouble in the form of angina pectoris. In 1964, however, there was no evidence of a heart condition and his paranoia was in remission. He had a passive-dependent type of approach to life.

2 . One doctor noted that Lind was not mentally retarded and could manage his own funds. Although several physicians believed that Lind’s schizophrenia with a paranoiac reaction in partial remission was permanent, one distinguished psychiatrist expressed the opinion that Lind could work in a restricted environment where there was a minimum of social contact. She stated that “[i]f motivation could be achieved to some degree, Mr. Lind, because of his capacity to reason and plan and pursue such planning should have many years of productivity left to pursue.”