AARON v. FLEMING

Civ. A. No. 453-E.

168 F.Supp. 291 (1958)

James P. AARON, Plaintiff, v. Arthur S. FLEMING, Secretary of Health, Education and Welfare for the United States of America, Defendant.

United States District Court M. D. Alabama, E. D.

December 18, 1958.


Attorney(s) appearing for the Case

Godbold, Hobbs & Copeland, Montgomery, Ala., for plaintiff.

Hartwell Davis, U. S. Atty., and Paul L. Millirons, Asst. U. S. Atty., Montgomery, Ala., for defendant.


RIVES, Circuit Judge.

This action is brought pursuant to 42 U.S.C.A. § 405(g) to review a decision by the defendant which held that plaintiff is not entitled to the benefits of the disability freeze provision of the Social Security Act. That provision, 42 U.S.C.A. § 416(i)(1), defines "disability" as an "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result...

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