Richardson v. Richardson, 30247 Summary Calendar.

Citation437 F.2d 109
Decision Date06 January 1971
Docket NumberNo. 30247 Summary Calendar.,30247 Summary Calendar.
PartiesDavid C. RICHARDSON, Plaintiff-Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

William C. Davis, Jr., John B. L'Engle, Jacksonville, Fla., for plaintiff-appellant.

John L. Briggs, U. S. Atty., John D. Roberts, Asst. U. S. Atty., Jacksonville, Fla., for defendant-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

Appellant seeks review of an order of the district court affirming a final decision of the Secretary of Health, Education and Welfare which denied his application for social security disability benefits.

We are not to reweigh evidence or substitute our judgment for that of the Secretary. The role of the court is to determine if there is substantial evidence in the record to support the Secretary's decision. Rome v. Finch, 5 Cir., 1969, 409 F.2d 1329.

The gravamen of appellant's complaint is that the medical evidence to sustain his disability prior to and since the date he was last insured was ignored in the lower proceedings. We find conflicts in the medical evidence and these are to be determined by the Secretary. Aldridge v. Celebrezze, 5 Cir., 1964, 339 F.2d 190. They were determined adversely to appellant.

Finding substantial evidence in the record consistent with the above standard, the judgment of the district court is affirmed.

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12 cases
  • Hall v. Richardson, Civ. A. No. 71-H-1342.
    • United States
    • U.S. District Court — Southern District of Texas
    • August 16, 1973
    ...substantial evidence to support the Secretary's decision. Goodman v. Richardson, 448 F.2d 388, 389 (5th Cir. 1971); Richardson v. Richardson, 437 F.2d 109 (5th Cir. 1970); Brown v. Finch, supra, 429 F.2d at 80; Rome v. Finch, 409 F.2d 1329 (5th Cir. 1969). Uncontroverted evidence is not con......
  • Knott v. Califano, 77-1854
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 16, 1977
    ...or substitute our judgment for that of the Secretary. Goodman v. Richardson, 5 Cir., 1971, 448 F.2d 388, 389. See Richardson v. Richardson, 5 Cir., 1970, 437 F.2d 109; Cooper v. Finch, 5 Cir., 1970, 433 F.2d 315, 316-17; Brown v. Finch, 5 Cir., 1970, 429 F.2d 80, 82; Rome v. Finch, 5 Cir., ......
  • Williams v. Finch, 29800.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 17, 1971
    ...determination of whether there is substantial evidence in the record to support the Secretary's decision. See, e. g., Richardson v. Richardson, 5 Cir., 1970, 437 F.2d 109; Cooper v. Finch, 5 Cir., 1970, 433 F.2d 315; Brown v. Finch, 5 Cir., 1970, 429 F.2d 80; Cross v. Finch, 5 Cir., 1970, 4......
  • Taylor v. Richardson
    • United States
    • U.S. District Court — Middle District of Louisiana
    • February 6, 1973
    ...conflicts in evidence and inferences therefrom which may exist. Brown v. Finch, Finch, 425 F.2d 687 (C.A.5-1970); Richardson v. Richardson, 437 F.2d 109 (C.A.5-1970). It is also settled that the Secretary need not accept self-serving statements of the involved party, particularly where they......
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