Chester I. Broussard v. John W. Gardner, Secretary of Health, Education and Welfare

Fifth Circuit

Chester I. Broussard v. John W. Gardner, Secretary of Health, Education and Welfare

382 F.2d 278, 1967 U.S. App. LEXIS 5338

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 14, 1967

Docket23703

StatusPublished

Cited by7 cases

This text of 382 F.2d 278 (Chester I. Broussard v. John W. Gardner, Secretary of Health, Education and Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chester I. Broussard v. John W. Gardner, Secretary of Health, Education and Welfare, 382 F.2d 278, 1967 U.S. App. LEXIS 5338 (5th Cir. 1967).

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Opinion

PER CURIAM.

The Secretary denied appellant’s application to establish a period of disability under the Social Security Act and for disability benefits. 42 U.S.C.A. §§ 405 (g), 416(i), and 423. The District Court affirmed.

We find substantial evidence in the record considered as a whole to support a determination that appellant did not establish that his mental and physical impairments, either singly or in combination, were of such severity as to preclude him from engaging in any substantial gainful actiyity. See Clinch v. Celebrezze, 5 Cir., 1964, 328 F.2d 779, for the standard of review in the District Court and in this court. In Dodsworth v. Celebrezze, 5 Cir., 1965, 349 F.2d 312, we pointed out that in a case involving both mental and physical impairments, the question is:

“ * * * whether in light of all the evidence it is medically demonstratable that from the operation of these mental-psychological defects on his general physical condition, it is improbable that he could obtain and hold gainful employment.”

The evidence here supports a negative answer to this question. The record discloses a back injury. It also discloses “moderate serious” mental depression leading from the back injury which prevented appellant from seeking a job. However, there was substantial medical evidence ample to support a conclusion that within the area where he would normally be expected to work jobs existed within his determined capabilities for which appellant had a reasonable opportunity to compete in the manner normally pursued by persons genuinely seeking work, Gardner v. Smith, 5 Cir., 1966, 368 F.2d 77; Bridges v. Gardner, 5 Cir., 1966, 368 F.2d 86; Harrison v. Gardner, 5 Cir., 1966, 369 F.2d 172; Celebrezze v. O’Brient, 5 Cir., 1963, 323 F.2d 989; but he persisted in his position of not seeking a job. This warrants the conclusion that appellant’s previous physical or mental impairment, if any, was not sufficient to prevent him from competing in the labor market or being hired to fill jobs which he could perform.

Affirmed.

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PER CURIAM.

The Secretary denied appellant’s application to establish a period of disability under the Social Security Act and for disability benefits. 42 U.S.C.A. §§ 405 (g), 416(i), and 423. The District Court affirmed.

We find substantial evidence in the record considered as a whole to support a determination that appellant did not establish that his mental and physical impairments, either singly or in combination, were of such severity as to preclude him from engaging in any substantial gainful actiyity. See Clinch v. Celebrezze, 5 Cir., 1964, 328 F.2d 779, for the standard of review in the District Court and in this court. In Dodsworth v. Celebrezze, 5 Cir., 1965, 349 F.2d 312, we pointed out that in a case involving both mental and physical impairments, the question is:

“ * * * whether in light of all the evidence it is medically demonstratable that from the operation of these mental-psychological defects on his general physical condition, it is improbable that he could obtain and hold gainful employment.”

The evidence here supports a negative answer to this question. The record discloses a back injury. It also discloses “moderate serious” mental depression leading from the back injury which prevented appellant from seeking a job. However, there was substantial medical evidence ample to support a conclusion that within the area where he would normally be expected to work jobs existed within his determined capabilities for which appellant had a reasonable opportunity to compete in the manner normally pursued by persons genuinely seeking work, Gardner v. Smith, 5 Cir., 1966, 368 F.2d 77; Bridges v. Gardner, 5 Cir., 1966, 368 F.2d 86; Harrison v. Gardner, 5 Cir., 1966, 369 F.2d 172; Celebrezze v. O’Brient, 5 Cir., 1963, 323 F.2d 989; but he persisted in his position of not seeking a job. This warrants the conclusion that appellant’s previous physical or mental impairment, if any, was not sufficient to prevent him from competing in the labor market or being hired to fill jobs which he could perform.

Affirmed.

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382 F.2d 278, 1967 U.S. App. LEXIS 5338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chester-i-broussard-v-john-w-gardner-secretary-of-health-education-and-ca5-1967.

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