Hall v. Celebrezze
Decision Date | 25 January 1965 |
Docket Number | No. 15791.,15791. |
Citation | 340 F.2d 608 |
Parties | Charlie HALL, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
Dan Jack Combs, Ronald W. May, Pikeville, Ky., on brief, for appellant.
John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Lawrence R. Schneider, Attorneys, Department of Justice, Washington, D. C., George I. Cline, U. S. Atty., Lexington, Ky., on brief, for appellee.
Before WEICK, Chief Judge, and CECIL and PHILLIPS, Circuit Judges.
Appellant filed a complaint under 42 U.S.C. § 405(g) in the United States District Court for the Eastern District of Kentucky to review a final decision of the Secretary of Health, Education and Welfare denying appellant's claim for disability benefits pursuant to 42 U.S.C. §§ 416(i) and 423. The district court sustained appellee's motion for summary judgment and dismissed the complaint, and appellant has appealed to this court.
The hearing examiner denied appellant's application for benefits. When the Appeals Council overruled the request for review, the decision of the hearing examiner became the final decision of the Secretary.
Upon consideration, we are of the opinion that the findings of the Secretary are supported by substantial evidence and therefore are conclusive. 42 U.S.C. § 405(g); Adkins v. Celebrezze, 330 F.2d 704 (C.A. 6); Ward v. Ribicoff, 198 F. Supp. 15 (E.D.Tenn.), aff'd 309 F.2d 157 (C.A. 6).
The judgment of the district court is affirmed.
To continue reading
Request your trial-
Mullen v. Bowen
...determination of the Secretary for purposes of judicial review under section 205(g), 42 U.S.C. Sec. 405(g). See, e.g., Hall v. Celebrezze, 340 F.2d 608, (6th Cir.1965); Cody v. Ribicoff, 289 F.2d 394, 395 (8th Cir.1961); Goldman v. Folsom, 246 F.2d 776, 778 (3d Cir.1957); cf. Weinberger v. ......
-
Jenkins v. Gardner
...be said that they were without support by substantial evidence. King v. Celebrezze, 341 F.2d 108, 109 (6th Cir. 1965); Hall v. Celebrezze, 340 F.2d 608 (6th Cir. 1965); 42 U.S.C. § 405(g). The mere belated mention of impairment of eyesight, without evidence to support a claim that it disabl......
-
Moon v. Richardson
...(4th Cir. 1966); Rodriguez v. Celebrezze, 349 F.2d 494 (1st Cir. 1965); Hall v. Celebrezze, 238 F.Supp. 153 (E.D.Ky.1963), aff'd 340 F.2d 608 (6th Cir. 1965). Furthermore, the hearing examiner was not bound to accept the conclusion of plaintiff's own physician that she was totally disabled ......
-
Laboy v. Richardson
...value as well. Title 42, United States Code, Section 223(d), Hall v. Celebrezze (D.C.Ky. 1963), 238 F.Supp. 153, affirmed (6 Cir. 1965), 340 F.2d 608; Tiller v. Celebrezze (D.C.Va.1962), 211 F.Supp. Insofar, as plaintiff's alcohol problem is concerned, the medical evidence of record fails t......