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PREWITT v. GARDNER

No. 24522.

389 F.2d 993 (1968)

Ell PREWITT, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 20, 1968.

Attorney(s) appearing for the Case

James L. Shores, Jr., Paul Johnston, Birmingham, Ala., for appellant.

Macon L. Weaver, U. S. Atty., John R. Thomas, Jr., Asst. U. S. Atty., Birmingham, Ala., for appellee.

Before RIVES, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

This is a companion case to Daniel v. Gardner, 5 Cir., 1968, 390 F.2d 32, decided this day. Here, however, the Secretary's decision was bottomed upon an incorrect legal principle that to be "medically determinable" the impairment must be established by objective medical, clinical or laboratory evidence. In rejecting this test we have said:

But the statute does not require that disability or its cause be...

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