Court of Appeals for the Ninth Circuit January 28, 1971, 23883_1 (Russell C. Lind v. John W. Gardner, Secretary of Health, Education & Welfare)

PER CURIAM:

In 1964 the Secretary of Health, Education, and Welfare terminated Lind’s

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disability insurance benefits because the Department decided that Lind was capable of engaging in “substantial gainful activity.”

1

42 U.S.C. §§ 416(i), 423. This decision was affirmed by the agency upon reconsideration, by an examiner after a

de novo

hearing, and by the Department Appeals Council.