Charles R. Webb v. Robert H. Finch, Secretary of Health, Education and Welfare

Sixth Circuit

Charles R. Webb v. Robert H. Finch, Secretary of Health, Education and Welfare

431 F.2d 1179, 1970 U.S. App. LEXIS 7403

CourtCourt of Appeals for the Sixth Circuit

DecidedSeptember 9, 1970

Docket20180_1

StatusPublished

Cited by23 cases

This text of 431 F.2d 1179 (Charles R. Webb v. Robert H. Finch, Secretary of Health, Education and Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Charles R. Webb v. Robert H. Finch, Secretary of Health, Education and Welfare, 431 F.2d 1179, 1970 U.S. App. LEXIS 7403 (6th Cir. 1970).

Pincite

Opinions

PHILLIPS, Chief Judge.

The action was filed in the District Court to review a final decision of the Secretary denying appellant’s application for a period of disability and disability benefits under the Social Security Act, 42 U.S.C. §§ 416(i) and 423. The hearing examiner found that appellant was not under a disability during the period of his insured status.

District Judge Frank J. Battisti reviewed the evidence and granted a summary judgment. We agree with the conclusions stated in the well reasoned and comprehensive order of the District Judge that there is substantial evidence in the record upon which the hearing examiner could conclude that appellant was not disabled and was not entitled to disability benefits.

At the argument before this Court the attorney for appellant contended that appellant was deprived of adequate representation at the presentation before the hearing examiner. At that time appellant, who has a limited education, was not represented by an attorney and presented his case on his own behalf with the assistance of a friend who was not an attorney. The attorney stated that there is additional evidence of the disability of appellant which was not presented to or considered by the hearing examiner. [1180]*1180In view of the representations made to the Court by appellant’s counsel that there is additional available evidence which might produce a different result, and in view of the fact that at the hearing before the Social Security Hearing Examiner appellant sought, with obvious ineffectiveness, to represent himself without the aid of counsel and hampered by lack of education, we reverse and remand the ease to the District Court with instructions that the case be remanded to the Secretary for the purpose of having additional testimony taken pursuant to 42 U.S.C. § 405(g).

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PHILLIPS, Chief Judge.

The action was filed in the District Court to review a final decision of the Secretary denying appellant’s application for a period of disability and disability benefits under the Social Security Act, 42 U.S.C. §§ 416(i) and 423. The hearing examiner found that appellant was not under a disability during the period of his insured status.

District Judge Frank J. Battisti reviewed the evidence and granted a summary judgment. We agree with the conclusions stated in the well reasoned and comprehensive order of the District Judge that there is substantial evidence in the record upon which the hearing examiner could conclude that appellant was not disabled and was not entitled to disability benefits.

At the argument before this Court the attorney for appellant contended that appellant was deprived of adequate representation at the presentation before the hearing examiner. At that time appellant, who has a limited education, was not represented by an attorney and presented his case on his own behalf with the assistance of a friend who was not an attorney. The attorney stated that there is additional evidence of the disability of appellant which was not presented to or considered by the hearing examiner. [1180]*1180In view of the representations made to the Court by appellant’s counsel that there is additional available evidence which might produce a different result, and in view of the fact that at the hearing before the Social Security Hearing Examiner appellant sought, with obvious ineffectiveness, to represent himself without the aid of counsel and hampered by lack of education, we reverse and remand the ease to the District Court with instructions that the case be remanded to the Secretary for the purpose of having additional testimony taken pursuant to 42 U.S.C. § 405(g).

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

431 F.2d 1179, 1970 U.S. App. LEXIS 7403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-r-webb-v-robert-h-finch-secretary-of-health-education-and-ca6-1970.

Opinions

Related

Cite This Page — Counsel Stack