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THOMAS F. JACKSON, PLAINTIFF-APPELLANT, v. ELLIOT RICHARDSON, SECRETARY OF HEALTH, EDUCATION AND WELFARE, DEFENDANT-APPELLEE.

PER CURIAM:

Jackson brought this action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare, disallowing Jackson's application for establishment of a period of disability, 42 U.S.C. § 416(i), and for disability insurance benefits, 42 U.S.C. § 423. The hearing examiner concluded that Jackson had not shown that he was under a disability, as defined in the Act, on or before the expiration of his eligibility, 42 U.S.C. § 416(i), 423. Upon review, the district court granted the Secretary's motion for summary judgment.

There was substantial evidence upon which the hearing examiner could and did find that Jackson was not suffering a disability prior to the end of his eligibility period. That is the end of the matter. See Harmon v. Finch, 9 Cir., 1972, 460 F.2d 1229.

Affirmed.

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JACKSON v. RICHARDSON
(Sep 21, 1972)