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RICHARDSON v. PERALES

No. 108.

402 U.S. 389 (1971)

91 S.Ct. 1420

28 L.Ed.2d 842

RICHARDSON, SECRETARY OF HEALTH, EDUCATION, AND WELFARE v. PERALES.

Supreme Court of United States.

Decided May 3, 1971

Attorney(s) appearing for the Case

Deputy Solicitor General Friedman argued the cause for petitioner. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Ruckelshaus, Assistant Attorney General Gray, Lawrence G. Wallace, Kathryn H. Baldwin, and Michael C. Farrar.

Richard Tinsman, by appointment of the Court, 398 U.S. 902, argued the cause and filed a brief for respondent.

Briefs of amici curiae were filed by Franklin M. Schultz and John T. Miller, Jr., for the American Bar Association; by Frank P. Christian, Harry B. Adams III, and Melvin N. Eichelbaum for the Bexar County Legal Aid Association; and by Jonathan Weiss for the Appalachian Research and Defense Fund et al.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

In 1966 Pedro Perales, a San Antonio truck driver, then aged 34, height 5' 11", weight about 220 pounds, filed a claim for disability insurance benefits under the Social Security Act. Sections 216 (i) (1), 68 Stat. 1080, and 223 (d) (1), 81 Stat. 868, of that Act, 42 U. S. C. § 416 (i) (1) and 42 U. S. C. § 423 (d) (1) (1964 ed., Supp. V), both provide that...

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