George R. Entrekin v. Caspar W. Weinberger, Secretary, Health, Education and Welfare

Fifth Circuit

George R. Entrekin v. Caspar W. Weinberger, Secretary, Health, Education and Welfare

477 F.2d 561, 1973 U.S. App. LEXIS 9940

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 15, 1973

Docket73-1419

StatusPublished

Cited by8 cases

This text of 477 F.2d 561 (George R. Entrekin v. Caspar W. Weinberger, Secretary, 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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George R. Entrekin v. Caspar W. Weinberger, Secretary, Health, Education and Welfare, 477 F.2d 561, 1973 U.S. App. LEXIS 9940 (5th Cir. 1973).

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Opinion

PER CURIAM:

Mr. Entrekin appeals from the denial of a period of disability or disability insurance benefits under the Social Security Act, 42 U.S.C.A., § 405(g). As usual, the question is whether the decision of the Secretary, affirmed by the District Court, is supported by substantial evidence. In our view, the issue is close, but we cannot retry factual issues here.

Mr. Entrekin has a severe case of diabetes from which he has suffered for nearly thirty years. Both the Veterans Administration and the United States Civil Service Commission, in the application of their standards, have held that he is totally disabled. Nevertheless, there is medical evidence that Mr. Entrekin’s diabetic condition responds well to proper diet and treatment. The disease, after thirty years, has caused little damage to other bodily functions. A depressive reaction, without psychosis, caused by the accidental drowning of the claimant’s wife, also responds to ordinary tranquilizers. A disability of the hand could, according to the medical evidence, be corrected by surgery.

Had we decided the case in the first instance we might have been inclined to hold for Mr. Entrekin. Congress, however, has seen fit to confer that function solely upon the Secretary, subject only to the substantial evidence rule.

Since there is substantial evidence upon which the Secretary could find as he did, we are without the authority to exercise appellant interference.

The judgment of the District Court is

Affirmed.

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PER CURIAM:

Mr. Entrekin appeals from the denial of a period of disability or disability insurance benefits under the Social Security Act, 42 U.S.C.A., § 405(g). As usual, the question is whether the decision of the Secretary, affirmed by the District Court, is supported by substantial evidence. In our view, the issue is close, but we cannot retry factual issues here.

Mr. Entrekin has a severe case of diabetes from which he has suffered for nearly thirty years. Both the Veterans Administration and the United States Civil Service Commission, in the application of their standards, have held that he is totally disabled. Nevertheless, there is medical evidence that Mr. Entrekin’s diabetic condition responds well to proper diet and treatment. The disease, after thirty years, has caused little damage to other bodily functions. A depressive reaction, without psychosis, caused by the accidental drowning of the claimant’s wife, also responds to ordinary tranquilizers. A disability of the hand could, according to the medical evidence, be corrected by surgery.

Had we decided the case in the first instance we might have been inclined to hold for Mr. Entrekin. Congress, however, has seen fit to confer that function solely upon the Secretary, subject only to the substantial evidence rule.

Since there is substantial evidence upon which the Secretary could find as he did, we are without the authority to exercise appellant interference.

The judgment of the District Court is

Affirmed.

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477 F.2d 561, 1973 U.S. App. LEXIS 9940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-r-entrekin-v-caspar-w-weinberger-secretary-health-education-ca5-1973.

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