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DODSWORTH v. CELEBREZZE

No. 21731.

349 F.2d 312 (1965)

Carl J. DODSWORTH, Appellant, v. Anthony CELEBREZZE, Secretary of Health, Education and Welfare of the United States of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 26, 1965.

Attorney(s) appearing for the Case

Robert O'Conor, Jr., Laredo, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Houston, Tex., for appellee.

Before MARIS, RIVES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The issue here is whether the District Court was correct in holding that there was substantial evidence to support the Administrator's decision denying to Dodsworth disability insurance benefits under the freeze provisions of the Social Security Act, 42 U.S.C.A. §§ 416(i), 423(c), on the ground that as of the critical date his disability was not of such severity that he could engage in no "substantial gainful activity."

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