Jack Sizemore v. John W. Gardner, Secretary of Health, Education and Welfare

Sixth Circuit

Jack Sizemore v. John W. Gardner, Secretary of Health, Education and Welfare

381 F.2d 370

CourtCourt of Appeals for the Sixth Circuit

DecidedAugust 25, 1967

Docket17153_1

StatusPublished

This text of 381 F.2d 370 (Jack Sizemore v. John W. Gardner, 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.

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Jack Sizemore v. John W. Gardner, Secretary of Health, Education and Welfare, 381 F.2d 370 (6th Cir. 1967).

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Opinion

PER CURIAM.

This is an appeal from a decision of the District Court sustaining the finding of the Secretary that appellant, who claims a period of disability and disability benefits under the Social Security Act, 42 U.S.C. § 401 et seq, is not under a “disability” as that term is defined in the Act. 42 U.S.C. § 416(i) (1).

Appellant contends he is afflicted with silicosis and other respiratory ailments which make it impossible for him to engage in substantial gainful activity. However, the testimony of Doctors Cornish, Gemert, Warden, and Davidson, made a part of the record before the Appeals Council, supports the finding of the Secretary. Since that finding is supported by substantial evidence, it is conclusive. 42 U.S.C. § 405(g); Hall v. Celebrezze, 340 F.2d 608 (6th Cir. 1965).

The judgment of the District Court is affirmed.

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PER CURIAM.

This is an appeal from a decision of the District Court sustaining the finding of the Secretary that appellant, who claims a period of disability and disability benefits under the Social Security Act, 42 U.S.C. § 401 et seq, is not under a “disability” as that term is defined in the Act. 42 U.S.C. § 416(i) (1).

Appellant contends he is afflicted with silicosis and other respiratory ailments which make it impossible for him to engage in substantial gainful activity. However, the testimony of Doctors Cornish, Gemert, Warden, and Davidson, made a part of the record before the Appeals Council, supports the finding of the Secretary. Since that finding is supported by substantial evidence, it is conclusive. 42 U.S.C. § 405(g); Hall v. Celebrezze, 340 F.2d 608 (6th Cir. 1965).

The judgment of the District Court is affirmed.

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381 F.2d 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-sizemore-v-john-w-gardner-secretary-of-health-education-and-ca6-1967.

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