Daniel v. Gardner
| Decision Date | 06 December 1968 |
| Docket Number | No. 12633.,12633. |
| Citation | 404 F.2d 889 |
| Parties | Bertha S. DANIEL, Appellant, v. John W. GARDNER, Secretary of the Department of Health, Education and Welfare, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Edwin L. Weisl, Jr., Asst. Atty. Gen., Kathryn H. Baldwin, Ralph A. Fine, Attys., Civil Division, Dept. of Justice, Washington, D. C., and Klyde Robinson, U. S. Atty., for appellee.
Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.
Claimant, Bertha S. Daniel, appeals from a judgment of the district court which upheld the denial by the Secretary of Health, Education and Welfare of her application, filed on December 5, 1966, for the establishment of a period of disability and for the awarding of disability benefits under sections 216(i) and 223 of the Social Security Act (42 U.S.C. §§ 416(i) and 423). By agreement of the parties and with the consent of this court the case was submitted on briefs without oral argument.
The determination of the Secretary may be overturned only if not based upon "substantial evidence."1 The Secretary determined that claimant was able to engage in substantial gainful activity and the district court held that this determination was supported by substantial evidence.
Upon a review of the record we conclude that the court below was correct in its holding and that its order sustaining the determination of the Secretary should be affirmed.2
Affirmed.
1 This court has defined "substantial evidence" to mean that Laws v. Celebrezze, 368 F.2d 640, 642 (4 Cir. 1966).
To continue reading
Request your trial
-
Washington v. Commissioner of Social Sec.
...than a scintilla, but less than [a] preponderance." Thomas v. Celebrezze, 331 F.2d 541, 543 (4th Cir.1964); see, e.g., Daniel v. Gardner, 404 F.2d 889 (4th Cir.1968); Laws v. Celebrezze, 368 F.2d 640 (4th Cir.1966); Tyler v. Weinberger, 409 F.Supp. 776 (E.D.Va.1976). This standard precludes......
-
Hospital Affiliates Intern., Inc. v. Schweiker
...than a scintilla, United States ex rel. Checkman v. Laird, 469 F.2d 773 (2nd Cir. 1972), but less than a preponderance. Daniel v. Gardner, 404 F.2d 889 (4th Cir. 1968). Some courts have articulated the standard to be that there is substantial evidence if, were the trial to the jury, the jud......
-
Freeman v. Harris, Civ. A. No. 79-1624.
...more than a scintilla, but less than a preponderance." Thomas v. Celebrezze, 331 F.2d 541, 543 (4th Cir. 1964). E. g., Daniel v. Gardner, 404 F.2d 889 (4th Cir. 1968); Laws v. Celebrezze, 368 F.2d 640 (4th Cir. 1966); Tyler v. Weinberger, 409 F.Supp. 776 (E.D.Va.1976). This standard preclud......
-
Wood v. Schweiker, Civ. A. No. 77-94-8.
...as more than a scintilla, but less than a preponderance." Thomas v. Celebrezze, 331 F.2d 541, 543 (4th Cir. 1964). E.g., Daniel v. Gardner, 404 F.2d 889 (4th Cir. 1968); Laws v. Celebrezze, 368 F.2d 640 (4th Cir. 1966); Tyler v. Weinberger, 409 F.Supp. 776 (E.D.Va.1976). This standard precl......