Rome v. Finch, 26697.
| Decision Date | 15 April 1969 |
| Docket Number | No. 26697.,26697. |
| Citation | 409 F.2d 1329 |
| Parties | Kenneth J. ROME, Plaintiff-Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Kenneth J. Rome, pro se.
William A. Meadows, Jr., U. S. Atty., Alfred E. Sapp, Asst. U. S. Atty., Miami, Fla., for appellee.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
The appellant brought this suit in the District Court for the Southern District of Florida seeking judicial review of a decision by the appellee, Secretary of Health, Education and Welfare, denying the appellant's claim for social security disability benefits. On the Secretary's motion, the district court entered summary judgment upholding the denial of disability benefits. After a careful examination of the record, we have determined that the Secretary's decision was supported by substantial evidence; accordingly, we affirm the judgment of the district court.1
On October 2, 1963, the appellant applied to the Social Security Administration for the establishment of a period of disability and for disability insurance benefits pursuant to 42 U.S.C. §§ 416(i) & 423 (1964). The appellant's claim was denied initially and again denied after reconsideration. The appellant then sought a hearing to review the rejection of his claim. On September 23, 1965, a hearing was held before a Hearing Examiner; the evidence consisted of testimony by the appellant and two doctors and various medical reports. After the hearing, the Hearing Examiner issued a decision affirming the denial of the appellant's application. A request for review was granted by the Appeals Council which subsequently remanded the case to the Hearing Examiner for a supplemental hearing. Another hearing was conducted on December 13, 1966 at which the evidence consisted of the transcript from the previous hearing, new testimony by the appellant, testimony by two employment experts, and various reports by medical and social experts. After the supplemental hearing, the Hearing Examiner again affirmed the denial of benefits and the Appeals Council upheld the Hearing Examiner's decision. The sole question before this court is whether there is substantial evidence to support the Secretary's determination that the appellant is not disabled.
For purposes of this case, disability is defined as follows:
The term "disability" means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration. An individual shall not be considered to be under a disability unless he furnishes such proof of the existence thereof as may be required.
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Blalock v. Richardson
...with such decision as long as it is supported by "substantial evidence." Whiten v. Finch, 437 F.2d 73, 74 (4 Cir. 1971); Rome v. Finch, 409 F.2d 1329, 1330 (5 Cir. 1969); Hayes v. Gardner, 376 F.2d 517, 520 (4 Cir. 1967). The phrase "substantial evidence" has been defined by this court to b......
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Hall v. Richardson, Civ. A. No. 71-H-1342.
...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 conclusive of an alleged fact when consideration of the surrounding circumstances leaves the ......
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Knott v. Califano, 77-1854
...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., 1969, 409 F.2d 1329, 1330, cert. denied, 396 U.S. 943, 90 S.Ct. 379, 24 L.Ed.2d 244 (1969). Applying this standard to the instant case, we find that......
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Williams v. Finch, 29800.
...v. Secretary of Health, Education and Welfare, 5 Cir., 1970, 421 F.2d 638; Martin v. Finch, 5 Cir., 1969, 415 F.2d 793; Rome v. Finch, 5 Cir., 1969, 409 F.2d 1329. As a consequence of our circumscribed function and the strict standards for proof of disability exacted by the amended Act, the......