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CHORATCH v. FINCH

April 13, 1970

George CHORATCH, Plaintiff,
v.
Robert FINCH, Secretary of Department of Health, Education and Welfare, Defendant


Gourley, Senior District Judge.


The opinion of the court was delivered by: GOURLEY

This is an action under Section 205(g) of the Social Security Act, 42 U.S.C.A. 405(g), to review a final decision of the Secretary of Health, Education and Welfare. The final decision of the Secretary was rendered by the Appeals Council on January 22, 1969. This final decision holds that plaintiff is not entitled to a period of disability or disability insurance benefits based on his application filed February 15, 1967.

 The immediate matter before the Court is a Motion for Summary Judgment filed on behalf of the defendant and it is argued and presented through briefs that the Court should grant summary judgment in behalf of the plaintiff. Consistent with well reasoned Court decisions, the Court will consider the issues as if each of the parties had presented a Motion for Summary Judgment. Hennessey v. Federal Sec. Adm'r., 88 F. Supp. 664 (D.C. Conn. 1949); Farmers Ins. Exchange v. Allstate Ins. Co., 143 F. Supp. 213 (D.C. Mich. 1956); United States v. Franklin Federal Savings and Loan Ass'n., 140 F. Supp. 286 (D.C. Pa. 1956); American Auto Ins. Co. v. Indemnity Ins. Co. of North America, 108 F. Supp. 221, aff. 228 F.2d 622 (D.C. Pa. 1952); Boeing Co. v. International Union, United Auto., Aerospace and Agr. Implement Workers of America (UAW; AFL-CIO), 234 F. Supp. 404 (D.C. Pa. 1964).

 The Court has considered the pleadings, the full and complete records, the argument, briefs of counsel and the references to law set forth therein.

 The only issue before the Court is whether the final decision of the Secretary is supported by substantial evidence.

 The burden of proof in this action is on the plaintiff to show that he has impairments provable by clinical findings, diagnoses, examination, tests, or other means either subjective or objective, which are of such severity that he was unable to engage in any substantial gainful activity on or before March 31, 1966.

 To qualify for disability insurance benefits and a period of disability under Sections 223 and 216(i) of the Social Security Act, 42 U.S.C.A. ยงยง 423 and 416(i), an individual must meet the insured status requirements of these sections, be under age 65, file an application for disability insurance benefits and a period of disability, and be under a "disability" as defined in the Act.

 The term "disability" is defined in Section 223 to mean:

 
"(d)(1) * * *
 
"(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continous period of not less than 12 months; * * *
 
"(B) * * *
 
"(2) For purposes of paragraph (1)(A) - *fn1"
 
"(A) an individual * * * shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), 'work which exists ...

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