Herman W. Hester v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

U.S. Court of Appeals for the Fifth Circuit
Herman W. Hester v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare, 339 F.2d 276 (5th Cir. 1964)
1964 U.S. App. LEXIS 3708

Herman W. Hester v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

Opinion

PER CURIAM.

The Hearing Examiner found that plaintiff was not under a disability within the meaning of 42 U.S.C. § 416 (i). The Secretary of Health, Education and Welfare approved the finding and held that the plaintiff was not entitled to disability benefits as provided by 42 U.S.C. § 423(a). The district court affirmed the Secretary’s final decision. After a close review of the record, we feel compelled to hold that substantial evidence supports the Secretary’s decision. See Celebrezze v. O’Brient, 5 Cir. 1963, 323 F.2d 989; Hicks v. Fleming, 5 Cir. 1962, 302 F.2d 470; Aaron v. Fleming, D.C. Ala., 291, 168 F.Supp. 291. Cf. Cele-brezze v. Maxwell, 5 Cir. 1963, 315 F.2d 727; Frith v. Celebrezze, 5 Cir. 1964, 333 F.2d 557.

The judgment is affirmed.

Reference

Full Case Name
Herman W. HESTER, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee
Status
Published