STEPHENS v. RIBICOFF

No. 8599.

307 F.2d 304 (1962)

Egbert Wells STEPHENS, Appellant, v. Abraham A. RIBICOFF, Secretary of the Department of Health, Education and Welfare, Social Security Administration, United States of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 30, 1962.


Attorney(s) appearing for the Case

John Bolt Culbertson, Greenville, S. C., for appellant.

John C. Eldridge, Atty., Dept. of Justice (William H. Orrick, Jr., Asst. Atty. Gen., John C. Williams, U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, on brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and CRAVEN, District Judge.


PER CURIAM.

This is Egbert Wells Stephens' appeal from the action of the District Court up-holding the denial by the Secretary of Health, Education and Welfare of a claim for disability benefits under 42 U.S.C.A. §§ 416(i) and 423.

To be entitled to disability payments, the claimant must show that he is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected...

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