EMBRY v. SECRETARY OF HEALTH, ED. AND WELFARE

No. 78-2929.

626 F.2d 93 (1980)

Samuel L. EMBRY, Plaintiff-Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 25, 1980.


Attorney(s) appearing for the Case

A. George Glasco, Glasco & Calhoun, Los Angeles, Cal., for petitioner-appellant.

Roger E. West, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellee.

Before MARKEY, Chief Judge, United States Court of Customs and Patent Appeals, HUG and PREGERSON, Circuit Judges.


OPINION

PREGERSON, Circuit Judge.

Samuel Embry appeals from the Secretary's decision denying him Social Security disability benefits. To qualify for benefits, Embry was required to establish that on or before June 30, 1975, when he last met the earnings requirement, he was totally disabled from performing any substantially gainful employment available in the economy. The medical reports overwhelmingly established that Embry could not do any work requiring...

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