Cooper v. Finch, 30043 Summary Calendar.
| Decision Date | 06 October 1970 |
| Docket Number | No. 30043 Summary Calendar.,30043 Summary Calendar. |
| Parties | Hulon COOPER, Plaintiff-Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Charles Tyler Clark, Birmingham, Ala., for plaintiff-appellant; Johnston & Shores, Birmingham, Ala., of counsel.
Wayman G. Sherrer, U. S. Atty., J. Richmond Pearson, Asst. U. S. Atty., Birmingham, Ala., for defendant-appellee.
Before BELL, AINSWORTH and GODBOLD, Circuit Judges.
We adopt and affirm the opinion of the District Court, a copy of which is appended hereto.
Affirmed.
APPENDIX
In the United States District Court for the Northern District of Alabama, Jasper Division
Hulon Cooper Plaintiff v. Civil Action No. 69-516 Robert H. Finch, Secretary of Health Education and Welfare Defendant.
Hulon Cooper, the plaintiff, brings this action pursuant to the provisions of Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), to have this court review a final adverse decision of the Secretary of Health, Education and Welfare.
The plaintiff filed an application for a period of disability and for disability insurance benefits on January 31, 1968, alleging that he became unable to work in December, 1967. Mr. Cooper alleged inability to work due to an ulcerated stomach, a lung condition and dizziness.
A hearing examiner considered the case de novo, and on May 26, 1969, found that the plaintiff was not under a disability. The Appeals Council denied the plaintiff's request for review on July 24, 1969, thereby causing the decision of the hearing examiner to become the final decision of the Secretary.
Mr. Cooper, born in June, 1915, is illiterate; and most of his work experience has been as a coal miner. He has no skills and will in all probability never be successful in obtaining employment of any kind or in holding a job should he be successful in obtaining one. Yet, under the Act, as amended, the stringent requirements of proof of disability are such that the record as a whole in this case supports the decision of the Secretary by substantial evidence.
Plaintiff has cited Esposito v. Secretary of H. E. W., 306 F.Supp. 1212 (D.C. 1969) and Laxton v. Finch, CCH UIR Vol. 1A, Fed. para. 15,557 (D.C.S.C., Aug. 6, 1969) as authority for his contention that a claimant may be entitled to disability benefits due to the fact that employment opportunities were not actually open to the claimant because of the reluctance of the employer to hire certain individuals. Defendant, relying strongly on Gentile v. Finch, 423 F.2d 244 (3rd Cir., 1970), to negate Esposito and Laxton, supra, contends that substantial evidence supports the decision of the Secretary.
Under the Act, as amended, the requirement that "an individual shall be determined to be under a disability only if he * * * cannot * * * engage in any substantial gainful work which exists in the national economy, regardless of whether he would be hired if...
To continue reading
Request your trial
-
Bonilla v. Richardson, SA-71-CA-64.
...Williams v. Finch, supra, at 615; see Floyd v. Finch, 441 F.2d 73, 76 (6th Cir. 1971) (McAlister, J., dissenting); Cooper v. Finch, 433 F.2d 315, 316 (5th Cir. 1970). Nevertheless, the standard is clear and the United States Supreme Court recently approved the Act as fair and workable. Rich......
-
Knott v. Califano, 77-1854
...Goodman v. Richardson, 5 Cir., 1971, 448 F.2d 388, 389. See Richardson v. Richardson, 5 Cir., 1970, 437 F.2d 109; Cooper v. Finch, 5 Cir., 1970, 433 F.2d 315, 316-17; Brown v. Finch, 5 Cir., 1970, 429 F.2d 80, 82; Rome v. Finch, 5 Cir., 1969, 409 F.2d 1329, 1330, cert. denied, 396 U.S. 943,......
-
Quinn v. Richardson
...the plaintiff, the courts are bound by the language Congress used. Woods v. Finch, 428 F.2d 469, 470 (3rd Cir. 1970); Cooper v. Finch, 433 F.2d 315 (5th Cir. 1970); and Gentile v. Finch, 423 F.2d 244, 248 (3rd Cir. 1970). Accordingly, the Secretary's denial of disability benefits was suppor......
-
Williams v. Finch, 29800.
...of whether * * * he would be hired if he applied for work"3 is so stringent that it borders on being unrealistic. See Cooper v. Finch, 5 Cir., 1970, 433 F.2d 315, 316. We are also aware that we may neither reweigh the evidence nor substitute our judgment for that of the Secretary. Our role,......