McDaniel v. Califano, 77-2629
| Decision Date | 03 March 1978 |
| Docket Number | No. 77-2629,77-2629 |
| Citation | 568 F.2d 1172 |
| Parties | Margie McDANIEL, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee. Summary Calendar. * |
| Court | U.S. Court of Appeals — Fifth Circuit |
Patrick J. Araguel, Charles C. Carter, Jr., Columbus, Ga., for plaintiff-appellant.
D. L. Rampey, Jr., U. S. Atty., Gregory J. Leonard, Asst. U. S. Atty., Macon, Ga., for defendant-appellee.
Appeal from the United States District Court for the Middle District of Georgia.
Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.
The appellant, Mrs. McDaniel, has worked most of her adult life as a registered nurse. The appellant suffered a considerable degree of hearing loss in both ears, thereby rendering her unable to continue her work as a registered nurse. She filed an application for disability insurance benefits, claiming that her deafness constituted a disability as defined in the Social Security Act. 1 The Secretary of Health Education and Welfare denied the appellant disability benefits on the ground that she was not disabled within the meaning of the Social Security Act. The district court upheld the Secretary's decision, finding that the decision was supported by substantial evidence on the record as a whole. We affirm.
The appellant was examined by several experts in the field of hearing and hearing disability. Dr. Joel P. Smith, an otorhinolaryngologist, examined the appellant on two occasions. He testified that the appellant could function moderately well in most average situations when the proper environment was maintained. He further testified that the appellant should be able to perform quite well in occupations for which "social hearing" is not as necessary as for a registered nurse. Dr. Stewart, a vocational expert, testified that the appellant is capable of performing industrial and non-industrial jobs, and he described many such jobs.
The appellant contends, however, that she is unable to engage in any "substantial gainful work" pursuant to § 423(d)(2)(A). The appellant alleges that she must work in a "controlled environment" and that the evidence shows that the types of jobs she can perform are not available in a "controlled environment." As Dr. Smith testified, the "controlled environment" necessary for productive work by the appellant is an environment in which "social hearing is not so necessary." There is substantial evidence in the record to support the Secretary's finding that the working environment of several jobs, such as file clerk, desk clerk, marker, industrial inspector, tester, and quality control checker, constitute the "controlled environment" referred to by the Administrative Law Judge and the witnesses.
In reviewing the Secretary's findings, this court performs a strictly limited function. The court may only determine whether there is substantial evidence in the record to support the Secretary's decision. Williams v. Finch, 440 F.2d 613, 615 (5th Cir. 1971); Staples v. Gardner, 357 F.2d 922, 923 (5th Cir. 1966). In the case on appeal, the appellant did not...
To continue reading
Request your trial
-
Mims v. Califano, 78-1950
...of the Secretary are quite rare while affirmances abound. See, e. g., Laffoon v. Califano, 5 Cir., 1977, 558 F.2d 253; McDaniel v. Califano, 5 Cir., 1978, 568 F.2d 1172; Turner v. Califano, 5 Cir., 1977, 563 F.2d 669; Gaultney v. Weinberger, 5 Cir., 1974, 505 F.2d However, the claimant's bu......
-
Rhynes v. Califano, 78-2543
...disability cases, the claimant bears the burden of showing the existence of a disability as defined by the Act. McDaniel v. Califano, 5 Cir., 1978, 568 F.2d 1172; Turner v. Califano, 5 Cir., 1977,563 F.2d 669. In order to establish a disability the claimant must show that he suffers from a ......
-
Simmons v. Harris
...decision of the Secretary even if we would have decided the case differently had we been the trier of fact. See, e. g., McDaniel v. Califano, 5 Cir., 1978, 568 F.2d 1172; Laffoon v. Califano, 5 Cir., 1977, 558 F.2d 253; Turner v. Califano, 5 Cir., 1977, 563 F.2d 669; Gaultney v. Weinberger,......
-
Goodley v. Harris
...a disability within the meaning of the Act, 2 and this Court will rarely overturn the decision of the Secretary. See, McDaniel v. Califano, 568 F.2d 1172 (5th Cir. 1978); Turner v. Califano, 563 F.2d 669 (5th Cir. 1977); Gaultney v. Weinberger, 505 F.2d 943 (5th Cir. 1974). Nevertheless, th......