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

339 F.2d 276, 1964 U.S. App. LEXIS 3708

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 3, 1964
• Docket: 21194_1
• Status: Published

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.