HEPHNER v. MATHEWS

No. 76-1396.

574 F.2d 359 (1978)

Vincent Leroy HEPHNER, Plaintiff-Appellant, v. Forest David MATHEWS, Secretary of Health, Education & Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 17, 1978.


Attorney(s) appearing for the Case

Dan R. Bruggeman, Adrian, Mich., for plaintiff-appellant.

James K. Robinson, U. S. Atty., Samuel J. Behringer, Jr., Asst. U. S. Atty., Detroit, Mich., Robert Burton Breisblatt, Gen. Atty., Dept. of HEW, Chicago, Ill., for defendant-appellee.

Before WEICK, LIVELY and MERRITT, Circuit Judges.


WEICK, Circuit Judge.

This is an appeal from an order of the District Court granting summary judgment in favor of the Secretary in a proceeding to review the denial of Social Security disability benefits pursuant to 42 U.S.C. § 423.

Appellant filed his claim for disability benefits on February 20, 1973, alleging that subsequent to January 26, 1973 he had become unable to engage in substantial gainful activity because of pain and discomfort caused by degenerative...

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