Lester Smith v. Wilbur J. Cohen, Secretary of Health, Education and Welfare

Fifth Circuit

Lester Smith v. Wilbur J. Cohen, Secretary of Health, Education and Welfare

404 F.2d 856

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 12, 1968

Docket26431

StatusPublished

This text of 404 F.2d 856 (Lester Smith v. Wilbur J. Cohen, Secretary of 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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Lester Smith v. Wilbur J. Cohen, Secretary of Health, Education and Welfare, 404 F.2d 856 (5th Cir. 1968).

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Opinion

PER CURIAM:

Appellant filed application for Social Security benefits under the provisions of 42 U.S.C.A. 416 (i). The only issue is whether the decision of the Secretary holding that the plaintiff failed to establish that he is under a disability as defined in the Act is supported by substantial evidence to support the administrative determination. On the administrative record the district court answered this question affirmatively and granted summary j'udgment for the Secretary. The record discloses this requisite substantial evidence. It follows that the j'udgment for the Secretary was properly entered and is accordingly affirmed. Celebrezze v. Kelly, 331 F.2d 981 (5th Cir. 1964); Clinch v. Celebrez-ze, 328 F.2d 778 (5th Cir. 1964), Cele-brezze v. O’Brient, 323 F.2d 989 (5th Cir. 1963); Bowen v. Gardner, 356 F.2d 484 (5th Cir. 1966).

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PER CURIAM:

Appellant filed application for Social Security benefits under the provisions of 42 U.S.C.A. 416 (i). The only issue is whether the decision of the Secretary holding that the plaintiff failed to establish that he is under a disability as defined in the Act is supported by substantial evidence to support the administrative determination. On the administrative record the district court answered this question affirmatively and granted summary j'udgment for the Secretary. The record discloses this requisite substantial evidence. It follows that the j'udgment for the Secretary was properly entered and is accordingly affirmed. Celebrezze v. Kelly, 331 F.2d 981 (5th Cir. 1964); Clinch v. Celebrez-ze, 328 F.2d 778 (5th Cir. 1964), Cele-brezze v. O’Brient, 323 F.2d 989 (5th Cir. 1963); Bowen v. Gardner, 356 F.2d 484 (5th Cir. 1966).

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404 F.2d 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lester-smith-v-wilbur-j-cohen-secretary-of-health-education-and-welfare-ca5-1968.

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