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391 F.2d 606

Docket No. 24993.

Green v. Gardner

Fifth Circuit Court of Appeals · decided 1968-03-19

Cited by 13 later decisions (1 by the Supreme Court) — most recently January 1975

7 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“Within the context of this case, this argument is devoid of merit. Since Martin's claim was pending before the Secretary on January 2, 1968, the amendments to sections 216(i) and 223 of the Social Security Act which became effective on that date are applicable to this claim. Pub.L. No. 90-248, § 158(e), 81 Stat. 821. Work of a”

quoted by 1 later decision, including Martin v. Finch

“The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive * * *.”

quoted by 1 later decision, including Martin v. Finch

Relies on Gardner v. Smith

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1968-03-19

View the full empirical analysis of this case →

Philip S. Kouri, Wichita Falls, Tex., for appellant.

Martha Joe Stroud, Asst. U. S. Atty., Dallas, Tex., for appellee.

Before RIVES, GEWIN and THORNBERRY, Circuit Judges.

PER CURIAM:

¶1

The appellant applied for a period of disability and disability insurance benefits under Title II, Section 216 (i) and 223 of the Social Security Act as amended, 42 U.S.C.A. 416(i) and 423, in which he briefly described his impairment as "nerves & arthritis & heart murmur." Upon hearing, the claimant, represented by counsel, testified at length. There was considerable additional evidence, including some six or seven medical reports and certificates of physicians who differed widely in their opinions. The hearing examiner made elaborate and detailed findings, as a result of which he decided that the claimant is not entitled to have a period of disability established or to disability insurance benefits. The Appeals Council affirmed the hearing examiner's decision. The district court reviewed the decision pursuant to section 205(g) of the Act, 42 U.S.C.A. § 405(g). Upon such review it is provided that, "The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive." The district court found that substantial evidence supports the findings and determinations of the Secretary and affirmed the decision. After careful consideration of the record on appeal, including the administrative transcript, we find that the findings are supported by substantial evidence and that the Secretary applied the proper legal standards. Those are the two basic questions to be decided on this appeal. Gardner v. Smith, 5 Cir. 1966, 368 F.2d 77. The judgment is therefore

¶2

Affirmed.

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