MCGEE v. WEINBERGER

No. 75-1264 Summary Calendar.

518 F.2d 330 (1975)

Mrs. Helen D. McGEE, Plaintiff-Appellant, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 29, 1975.


Attorney(s) appearing for the Case

Doris Falkenheiner, Asst. Director, Legal Aid Society of Baton Rouge, Baton Rouge, La., Pamela S. Horowitz, Southern Poverty Law Center, Montgomery, Ala., for plaintiff-appellant.

Jonathan A. Weiss, New York City, for Legal Service for Elderly Poor, amicus curiae.

Douglas M. Gonzales, U. S. Atty., Robert S. Leake, Asst. U. S. Atty., Baton Rouge, La., for defendant-appellee.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.


GODBOLD, Circuit Judge:

On review of the administrative denial of the claim of Mrs. McGee for disability benefits under Tit. II of the Social Security Act, 42 U.S.C. § 401 et seq., the District Court held that she failed to carry her burden of proving that she was disabled.

Initially claimant claimed disabilities of a physical nature. Hearing before the Administrative Law Judge was set for September 19, 1973. On August 29, 1973, claimant obtained from...

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