Both parties have moved for summary judgment.
The plaintiff filed an application for a period of disability and insurance benefits on March 14, 1966,
describing his disabling condition as a combination of "back ailment, nerves removed from right leg, ulcers, enlarged heart." On August 2, 1966, the hearing examiner filed his decision which found against the plaintiff. That decision was affirmed by the Appeals Council on November 22, 1966. Then, on January 23, 1967, plaintiff filed the instant complaint. On March 29, 1967, the matter was ordered by this Court to be remanded to the Secretary of Health, Education and Welfare in accordance with the provisions of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). The Secretary vacated his previous decision and remanded the matter for further proceedings before a hearing examiner. Subsequent hearings were held and the examiner thereafter issued his recommended decision denying the plaintiff disability benefits, which was affirmed by the Appeals Council on October 14, 1968. This final decision holds that the plaintiff is not entitled to any period of disability or disability insurance benefits on the basis of his aforementioned application.
The only issue before this Court is whether there is substantial evidence to support the Secretary's decision that plaintiff is not disabled as defined by the Act. 42 U.S.C.A. § 405(g).
The test for disability consists principally of two parts: (1) a determination of the extent of the physical or mental impairment, and (2) a determination whether that impairment results in an inability to engage in any substantial gainful activity. 42 U.S.C.A. § 405(g); Stancavage v. Celebrezze, 323 F.2d 373 (3rd Cir. 1963).
As stated in Consolo v. Federal Maritime Commission, 383 U.S. 607, 620, 86 S. Ct. 1018, 16 L. Ed. 2d 131 (1966):
"We have defined 'substantial evidence as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion' * * [It] must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury."