Celebrezze v. Zimmerman, 21465.

Decision Date17 December 1964
Docket NumberNo. 21465.,21465.
Citation339 F.2d 496
PartiesAnthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Paul R. ZIMMERMAN, Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

Sherman L. Cohn, Samuel J. Heyman, Robert J. Vollen, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Barefoot Sanders, U. S. Atty., for appellant.

William A. Clifford, Blanchard, Clifford, Gilkerson & Smith, Lubbock, Tex., for appellee.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.

PER CURIAM.

This appeal by the Secretary of Health, Education and Welfare complains, principally, of the grant by the trial court of the motion for summary judgment in favor of Zimmerman, an applicant for disability insurance benefits under the Social Security Act, thus reversing the Secretary's decision denying disability insurance benefits, on the ground that the trial court erred in ascertaining that "there was not substantial evidence in the record to support the Secretary's decision." He also complains on the ground that the judgment of the trial court demonstrates a lack of appreciation by the trial court of the standard required for a determination that an applicant is incapable of obtaining substantial gainful employment. A third ground of attack is made by the Secretary by reason of the fact that the trial court, in not giving reasons or a specific discussion of the basis for its overruling of the Secretary's determination, makes difficult the Secretary's appeal to this Court without having to discuss many factors that may not have given rise to the trial court's decision.

It is difficult to understand how the trial court could determine, as it did here, "there is not substantial evidence in the record to support the Secretary's decision denying the plaintiff benefits under the Social Security Act." It is perfectly apparent from the most casual reading of the record that there is substantial evidence supporting the Secretary's decision. This evidence is far from de minimis. It is evidence of a competent, experienced specialist in the field of the medical science within which the applicant's asserted disability falls. Moreover, it is plain that the Secretary, acting through his examiner, cast serious doubt upon the credibility of contrary testimony. Such credibility findings are, of course, for the Secretary and not for the trial court. Not only does the statute make it plain, but this Court has repeatedly...

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23 cases
  • Bonilla v. Richardson, SA-71-CA-64.
    • United States
    • U.S. District Court — Western District of Texas
    • March 20, 1972
    ...opinions of doctors, Hayes v. Celebrezze, supra, 311 F.2d 648 (5th Cir. 1963); nor to make credibility findings, Celebrezze v. Zimmerman, 339 F.2d 496 (5th Cir. 1964). Pate v. Richardson, 330 F.Supp. 39, 40-41 (S.D.Tex.1971); accord, Jackson v. Richardson, 449 F.2d 1326 (5th Cir. 1971); Cro......
  • Reyes v. Secretary of Health, Education and Welfare, 71-1895.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • February 23, 1973
    ...See also, Gardner v. Bishop, 362 F.2d 917 (10th Cir. 1966); Banks v. Celebrezze, 341 F.2d 801 (6th Cir. 1965). In Celebrezze v. Zimmerman, 339 F.2d 496 (5th Cir. 1964), involving an appeal under the Social Security Act in which the District Court similarly reversed the Secretary of H.E.W. o......
  • Tietze v. Richardson
    • United States
    • U.S. District Court — Southern District of Texas
    • May 8, 1972
    ...including contrary medical opinions of doctors, Hayes v. Celebrezze, supra; nor to make credibility findings, Celebrezze v. Zimmerman, 339 F.2d 496 (5th Cir. 1964). The Court, however, must scrutinize the record as a whole to determine if the Secretary's findings and conclusions are reasona......
  • Collins v. Secretary of Health, Education and Welfare
    • United States
    • U.S. District Court — Western District of Arkansas
    • July 5, 1968
    ...the finality of his findings also extends to reasonable inferences which may be drawn from the evidence.'" Also, see Celebrezze v. Zimmerman, 5 Cir.1964, 339 F.2d 496, Sabbagha v. Celebrezze, 4 Cir.1965, 345 F.2d 509, wherein the Court "Uncontradicted testimony need not be accepted by the t......
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