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HETTINGER v. RICHARDSON

October 30, 1973

Margaret HETTINGER
v.
Elliot L. RICHARDSON, Secretary of Health, Education and Welfare


Gorbey, District Judge.


The opinion of the court was delivered by: GORBEY

GORBEY, District Judge.

 This is an action under § 205(g) of the Social Security Act (42 U.S.C.A. § 405(g)), *fn1" to review a final decision of the Secretary of Health, Education and Welfare. Before the court is defendant's motion for summary judgment. Plaintiff has apparently chosen not to oppose the government's motion as no briefs have been submitted in opposition to that motion. However, we will give the plaintiff the benefit of the doubt and assume she wishes to oppose this motion. Accordingly, we will consider the allegations of error which plaintiff alleges in her complaint.

 The issue before this court is whether the final decision of the Secretary that plaintiff's disability ended on February 1, 1970, was supported by substantial evidence (42 U.S.C. § 405(g)). *fn2" In support of her claim that said decision was not supported by substantial evidence, plaintiff puts forth four allegations of error.

 Plaintiff's other allegations essentially charge that the hearing examiner failed to seek additional medical examinations, placed too much weight on a particular report or disregarded other competent evidence.

 These allegations, in essence, charge that the Secretary's determination that plaintiff's disability ended on February 1, 1970, was not supported by substantial evidence.

 The term "disability" as it applies to this case is defined in § 223 of the Social Security Act (42 U.S.C.A. § 423) as follows:

 
(d)(1) The term "disability" means --
 
(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 continuous period of not less than 12 months; or
 
(B) . . . .
 
(2) For purposes of paragraph (1) (A) --
 
(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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