U.S. Court of Appeals for the Fifth Circuit, 1964

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

Herman W. Hester v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare
U.S. Court of Appeals for the Fifth Circuit · Decided December 3, 1964 · Rives, Wisdom, Bell
339 F.2d 276; 1964 U.S. App. LEXIS 3708 (Federal Reporter, Second Series)

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.

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