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390 F.2d 874

Docket No. 25119.

Martinez v. Gardner

Fifth Circuit Court of Appeals · decided 1968-03-05

2 counsel of record

Relies on United States v. Colangelo

Opinion by Per Curiam · Decided 1968-03-05

Orville A. Harlan, Houston, Tex., for appellant.

James R. Gough, Asst. U.S. Atty., Morton L. Susman, U.S. Atty., Houston, Tex., for appellee.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.

PER CURIAM:

¶1

Appellant sought disability benefits under the Social Security Act, 42 U.S.C.A. 416(i), 423, claiming that she was unable on the critical date, September 30, 1960, to engage in any substantial gainful activity by reason of a medically determinable physical impairment. The hearing examiner found that appellant was not disabled within the meaning of the Act. We agree with the District Court that the examiner's findings are supported by substantial evidence1 and should be upheld.

¶2

Affirmed.

1

The result reached by the examiner and the District Court is not changed by the recent statutory change in the definition of disability, P.L. 90-248, 81 Stat. 821

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