James Whitaker v. Secretary of Health and Human Services

Sixth Circuit

James Whitaker v. Secretary of Health and Human Services

680 F.2d 1120, 1982 U.S. App. LEXIS 18267

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 17, 1982

Docket81-1255

StatusPublished

This text of 680 F.2d 1120 (James Whitaker v. Secretary of Health and Human Services) 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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James Whitaker v. Secretary of Health and Human Services, 680 F.2d 1120, 1982 U.S. App. LEXIS 18267 (6th Cir. 1982).

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Opinion

PER CURIAM.

On receipt and consideration of plaintiffs appeal of denial of disability benefits, we find from the record support for the Secretary’s conclusion that the several physical problems from which plaintiff was suffering are not such as to deprive him of substantial capacity to perform sedentary work.

This case was remanded by the District Court for the Secretary to give further consideration to plaintiff’s mental and emotional impairments. The record adduced at the second hearing, as a result of psychiatric or psychologic examinations, was considered by the Administrative Law Judge to warrant the conclusion that plaintiff was not disabled and could engage in a range of sedentary activity.

On review of the record, we find substantial evidence to support the conclusion above as adopted by the Secretary and the District Court. Dr. Al-Najjar’s report constitutes substantial evidence in this regard.

The judgment of the District Court is affirmed.

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PER CURIAM.

On receipt and consideration of plaintiffs appeal of denial of disability benefits, we find from the record support for the Secretary’s conclusion that the several physical problems from which plaintiff was suffering are not such as to deprive him of substantial capacity to perform sedentary work.

This case was remanded by the District Court for the Secretary to give further consideration to plaintiff’s mental and emotional impairments. The record adduced at the second hearing, as a result of psychiatric or psychologic examinations, was considered by the Administrative Law Judge to warrant the conclusion that plaintiff was not disabled and could engage in a range of sedentary activity.

On review of the record, we find substantial evidence to support the conclusion above as adopted by the Secretary and the District Court. Dr. Al-Najjar’s report constitutes substantial evidence in this regard.

The judgment of the District Court is affirmed.

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Bluebook (online)

680 F.2d 1120, 1982 U.S. App. LEXIS 18267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-whitaker-v-secretary-of-health-and-human-services-ca6-1982.