Josephine Morgan Sutton v. Caspar W. Weinberger, Secretary, United States Department of Health, Education and Welfare

487 F.2d 594, 1973 U.S. App. LEXIS 7029

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 14, 1973
• Docket: 73-2581
• Status: Published

Opinion

PER CURIAM:

This is an action brought pursuant to 42 U.S.C.A. § 405(g) to review the Secretary of Health, Education and Welfare’s denial of disability insurance benefits to appellant. After careful review of the record we conclude that the District Court properly determined that there was substantial evidence on the record in support of the Secretary’s decision. It was within the province of the Secretary to resolve the conflict in the medical evidence concerning whether appellant was disabled from engaging in substantial gainful activity. See Payne v. Weinberger, 5 Cir., 480 F.2d 1006 [1973],

Affirmed.