MEMORANDUM AND ORDER
GORBEY, District Judge.
This is an action under § 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. 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)).
In support of her claim that said decision was not supported by substantial evidence, plaintiff puts forth four allegations of error.
First, plaintiff avers that due to inadequate representation she was unable to establish her disability. We cannot accept this proposition. A review of the record shows that plaintiff was given notice of her right to be represented by counsel and was, in fact, represented by counsel of her own choosing. She cannot now complain that his representation was inadequate. Such a claim does not ordinarily justify a new trial in criminal proceedings. United States v. Hack, 205 F.2d 723 (7th Cir. 1953), cert. den., 346 U.S. 875, 74 S. Ct. 127, 98 L. Ed. 383. We see no justification for allowing such a claim in a civil proceeding.
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 --