Escolar Documentos
Profissional Documentos
Cultura Documentos
2d 1035
The pertinent Social Security Act (42 U.S.C. 423) provides: "(3) For purposes
of this subsection a `physical or mental impairment' is an impairment that
results from anatomical, physiological or psychological abnormalities which
are demonstrable by medically acceptable clinical and laboratory diagnostic
techniques. * * *"
The claim was based upon alleged heart trouble, ulcers and spine fracture. The
only proof submitted as to such disability related to ulcers and this is the sole
basis for the claim.
It was contended by Appellant that while his physicians did not diagnose an
ulcer until 1956 they did state that Appellant was unable to perform work since
1949. Therefore he argues that those opinions must have been based upon some
appropriate findings even though such findings were not available for
presentation to the Examiner.
10
This reasoning is appealing but based upon speculation. Neither physician was
called to testify although Appellant was afforded ample opportunity to produce
additional evidence.
11
We can not say the findings of the Examiner were not supported by substantial
evidence. We find no error of law. It follows that the judgment of the District
Court should be affirmed. Laws v. Celebrezze, 4 Cir., 368 F.2d 640 (1966).
Snyder v. Ribeoff, 4 Cir., 307 F.2d 518 (4 Cir. 1962). Cf. Flake v. Gardner, 399
F.2d 532 (9th Cir. 1968).
12
Affirmed.