James Sample

Appellant filed for disability benefits under both Title II and Title XVI of the Social Security Act on September 9, 1975. After initial adverse agency determination, a hearing was held on January 18, 1977 which resulted in a finding of no disability. Upon exhaustion of administrative appeal, suit was initiated in district court. The trial court, having heard argument on the governments Motion for Summary Judgment and the claimants alternative Motions for Summary Judgment or Remand to the Administrative Law Judge (ALJ), granted the governments motion and denied the claimants, but remained silent as to disposition of the remand question.