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ALEXANDER v. RICHARDSON

No. 71-1098.

451 F.2d 1185 (1971)

Robert L. ALEXANDER, Plaintiff-Appellant, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 10, 1972.

Attorney(s) appearing for the Case

Robert A. Dufty, Denver, Colo., for plaintiff-appellant.

Michael H. Stein, Dept. of Justice, Washington, D. C. (L. Patrick Gray, III, Asst. Atty. Gen., James L. Treece, U. S. Atty., Kathryn H. Baldwin, Dept. of Justice, Washington, D. C., with him on the brief), for defendant-appellee.

Before PICKETT, HILL and BARRETT, Circuit Judges.

PICKETT, Circuit Judge.

The question presented by this appeal is whether under the provisions of 42 U.S.C. § 423(d) an applicant, to be entitled to disability benefits under the Social Security Act, is required to establish that he was unable to engage in any substantial gainful activity for a period of twelve months in cases where there was some physical or mental impairment for a period of more than one year. After appellant Alexander's application for disability...

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