Hall v. Flemming
| Citation | 289 F.2d 290 |
| Decision Date | 13 April 1961 |
| Docket Number | No. 14300.,14300. |
| Parties | Ora P. HALL v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare. |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
Ora F. Duval, Olive Hill, Ky., for appellant.
John W. Morgan, Asst. U. S. Atty., Lexington, Ky. (Jean L. Auxier, U. S. Atty., Lexington, Ky., on the brief), for appellee.
Before MILLER, Chief Judge, and McALLISTER and WEICK, Circuit Judges.
This is an appeal from an order of the District Court dismissing appellant's claim for benefits under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g). Appellant had filed his application for disability insurance benefits, which had been determined adversely to him by the Bureau of Old Age and Survivors Insurance of the Social Security Administration. After such adverse determination, appellant had requested a hearing before a Referee, who, in a comprehensive opinion, ruled that he was not entitled to such benefits. Upon request for review of the decision of the Referee, the Appeals Council of the Department of Health, Education and Welfare, affirmed the findings and conclusions of the Referee. The District Court, on review of the decision of the Appeals Council, acting for the Secretary, found that appellant, because of the condition of his health, was The court further held that "there is ample proof to sustain the findings of the Referee that this claimant is a man of intelligence and some education and has the ability to perform services and duties other than those of his accustomed occupation."
However, in the determination of this appeal, the controlling questions are: (1) what can appellant do; and (2) what employment opportunities are there for a man who can do only what appellant can do?
In a similar case, Kerner v. Flemming, 2 Cir., 283 F.2d 916, 921, the court held, after reviewing the record, that there was no...
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Snelling v. Ribicoff
...interpret the Act to apply only to the totally helpless and bed-ridden nor to those at death's door." In the case of Hall v. Flemming, 6 Cir., 1961, 289 F.2d 290, 291, the rule of construction is stated as follows: "However, in the determination of this appeal, the controlling questions are......
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Shavers v. Secretary of Health, Ed. & Welfare
...Act contains no such safeguards; compare this language with that of 42 U.S.C. § 405(g), quoted earlier. 3 Cf. also, Hall v. Flemming, 289 F.2d 290 (6th Cir.1961); King v. Flemming, 289 F.2d 808 (6th Cir.1961); Prewitt v. Celebrezze, 330 F.2d 93 (6th Cir.1962); Ratliff v. Celebrezze, 338 F.2......
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Stoliaroff v. Ribicoff
...the Kerner writing, several cases have been remanded for further evidence and findings in this limited respect automatically. Hall v. Flemming, 6 Cir., 289 F.2d 290; King v. Flemming, 6 Cir., 289 F.2d 808; Melisi v. Flemming, D.C.E.D.N.Y., 193 F.Supp. 560; Barnum v. Ribicoff, (N.D.N.Y. Bren......
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Mims v. Celebrezze, Civ. A. No. 7768.
...have been applied by the Sixth Circuit in Jarvis v. Ribicoff, 312 F.2d 707 (1963); Roberson v. Ribicoff, 299 F.2d 761 (1962); Hall v. Flemming, 289 F.2d 290 (1961) and King v. Flemming, 289 F.2d 808 (1961); by the Third Circuit in Hodgson v. Celebrezze, 312 F.2d 260 (1963); by the Second Ci......