King v. Celebrezze, 15739.
| Citation | 341 F.2d 108 |
| Decision Date | 08 February 1965 |
| Docket Number | No. 15739.,15739. |
| Parties | Monie KING, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
W. L. Steele, Ashland, Ky., for appellant.
John C. Eldridge, Dept. of Justice, Civil Division, Washington, D. C., for appellee, John W. Douglas, Asst. Atty. Gen., Sherman L. Cohn, Terence N. Doyle, Dept. of Justice, Washington, D. C., George I. Cline, U. S. Atty., Lexington, Ky., on the brief.
Before WEICK, Chief Judge, and PHILLIPS and EDWARDS, Circuit Judges.
This is the second time the case at bar has been before us. In the first appeal, we reversed because no findings had been made by the Secretary on two of the issues, and directed that it be remanded to him to take testimony and to adopt additional findings. King v. Flemming, 289 F.2d 808 (C.A. 6, 1961).
Upon the remand, the Secretary introduced evidence and adopted additional findings. He rendered a decision denying plaintiff's claim for disability benefits under the Social Security Act. 42 U.S.C. § 401 et seq. In proceedings for review, the District Court granted summary judgment in favor of the Secretary. 223 F.Supp. 774 (E.D.Ky., 1963).
The relevant period of time during which plaintiff was required to establish disability was between September, 1945, and March 31, 1947. His insured status expired on the latter date. The case was further complicated by the fact that plaintiff received severe injuries in an accident which occurred after the insured period. He also suffered from other ailments not existing during said period.
The Secretary determined that plaintiff had a partial disability during said period as a result of which he could not engage in his former occupation involving heavy, common labor, but that he could have performed light, unskilled work which was available to him.
Although the facts were in dispute, there was substantial evidence to support the decision of the Secretary. It is binding on us even though we might have reached a different conclusion had we been the trier of the facts.
The District Court was correct in granting summary judgment in favor of the Secretary. Hall v. Celebrezze, 340 F.2d 608 (C.A.6, 1965).
Affirmed.
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Jenkins v. Gardner
...Court can strike down these conclusions unless it can 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 eyesig......
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Brukiewa v. Police Com'r of Baltimore City
... ... District Court-(judicial notice that a state of war may exist without a declaration of war); King v. Celebrezze, 223 F.Supp. 774 (E.D.Ky., 1963), aff'd C.A.6, per curiam, 341 F.2d 108 ... ...
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Moore v. Califano
...have taken a different view of the evidence were we trier of the facts. Ross v. Richardson, supra, 440 F.2d at 694, King v. Celebrezze, 341 F.2d 108, 109 (6th Cir. 1968). Medical reports submitted to the Secretary show that claimant was examined on August 25, 1971 by Dr. C. M. Van Hooser, a......
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Myers v. Richardson
...support such findings. Section 205(g) of the Act, 42 U.S.C. § 405(g); May v. Gardner, 362 F.2d 616, 618 (CA 6, 1966); King v. Celebrezze, 341 F.2d 108, 109 (CA 6, 1965). We hold that there was substantial evidence supporting the Secretary\'s finding that plaintiff with his disabilities was ......