Knox v. Finch, 27896.

Citation427 F.2d 919
Decision Date12 June 1970
Docket NumberNo. 27896.,27896.
PartiesJasper W. KNOX, Plaintiff-Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, United States of America, Defendant-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Bernard Cohen, Dallas, Tex., for plaintiff-appellant.

Eldon B. Mahon, U. S. Atty., William L. Johnson, Jr., Asst. U. S. Atty., Fort Worth, Tex., for defendant-appellee.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

PER CURIAM:

This action was brought under Social Security Act § 205(g), 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the Secretary of Health, Education and Welfare that Jasper W. Knox is not entitled to a period of disability or disability insurance benefits under the provisions of Sections 216(i) and 223 of the Social Security Act as amended, 42 U.S.C. §§ 416(i) and 423, respectively. The district court granted summary judgment in favor of the Secretary. We affirm.

Knox's application filed May 3, 1966 alleged inability to work since April 1965 due to diabetes, no sight in the right eye, poor sight in the left eye, and high blood pressure. His application was denied initially and upon reconsideration by the Bureau of Disability Insurance. Knox then requested a hearing before a hearing examiner. On December 9, 1966 a hearing was held at which Knox, his wife and a vocational expert testified. On December 30, 1966 the hearing examiner issued his decision that Knox is not entitled to a period of disability or to disability insurance benefits. Upon proper request the Appeals Council granted Knox a review of the hearing examiner's decision. The Appeals Council wished additional medical information and received reports from a specialist in internal medicine, an ophthalmologist, and a psychiatrist and an additional medical report submitted by Knox. The Appeals Council issued its decision on December 13, 1967. Knox filed his complaint seeking a review of the Secretary's decision. Both Knox and the Secretary filed motions for summary judgment which were heard on November 2, 1968. The district court entered summary judgment for the Secretary on March 13, 1969, accompanied by a memorandum opinion.

On appeal Knox first asks that we review under the clearly erroneous standard the findings expressed by the district court in its memorandum. Both the district court and this Court are bound by the provision of Section 205(g) of the Social Security Act, 42 U. S.C. § 405(g), that, "The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive * * *." There was no de novo trial in the district court and its so-called findings are not subject to review under the clearly erroneous standard of Rule 52(a), Fed.R.Civ.P. "`The primary function of this Court, therefore, is not to re-weigh the evidence but to determine whether there is substantial evidence to support the Secretary's decision' Martin v. Finch, 5 Cir. 1969, 415 F.2d 793; Rome v. Finch, 5 Cir. 1969, 409 F.2d 1329, 1330; Labee v. Cohen, 5 Cir. 1969, 408 F.2d 998, 1000." Gray v. Secretary of Health, Education & Welfare, 5 Cir. 1970, 421 F.2d 638, 639; followed in Burdett v. Finch, Secretary of Health, Education & Welfare, 5 Cir. 1970, 425 F.2d 687. Of course, this Court also decides whether the Secretary used proper standards in reaching his decision. When, as here, the appeal is from a judgment granting summary judgment to the Secretary, or affirming the decision of the Secretary, the functions of this Court are virtually the same as those already performed by the district court, but, nonetheless are to be performed independently and carefully and without any presumption that the decision of the district court is correct.

Knox next insists that the Secretary failed to apply the proper standard in reaching his decision, and that his findings were based on "fragmentation of impairments" rather than on "combinations of impairments." A careful reading of the decision of the Appeals Council persuades us to the contrary. It did no more than carefully analyze each separate ailment in order to decide whether by reason of any or all medically determinable physical or mental impairments Knox was unable to engage in any substantial gainful activity. See Section 223 (d) (1) (A) of the Social...

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  • Roy v. SECRETARY OF HEALTH & SERV.
    • United States
    • U.S. District Court — Central District of Illinois
    • 1 mai 1981
    ...legal standards to those facts in order to be upheld on review. Garrett v. Richardson, 471 F.2d 598 (6th Cir. 1972); Knox v. Finch, 427 F.2d 919 (5th Cir. 1970); Dixon v. Gardner, 406 F.2d 1035 (4th Cir. 1969); Flake v. Gardner, 399 F.2d 532 (9th Cir. 1968). "The facts must be evaluated by ......
  • Reserve Min. Co. v. Herbst
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    ...the propriety of agency decisions which have been appealed to the district court and there decided only on the record. Knox v. Finch, 427 F.2d 919 (5 Cir. 1970); First Nat. Bank of Fayetteville v. Smith, 508 F.2d 1371 (8 Cir. 1974), certiorari denied, 421 U.S. 930, 95 S.Ct. 1655, 44 L.Ed.2d......
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    ...condition and hence not disabling within the meaning of the Act. Entrekin v. Weinberger, 477 F.2d 561 (5 Cir. 1973); Knox v. Finch, 427 F.2d 919 (5 Cir. 1970). Moreover, an overweight diabetic who can alleviate his condition by a loss of weight cannot be held disabled. Wray v. Flemming, 181......
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