Lillie H. Martinez v. John W. Gardner, Secretary of Health, Education and Welfare

Fifth Circuit

Lillie H. Martinez v. John W. Gardner, Secretary of Health, Education and Welfare

390 F.2d 874, 1968 U.S. App. LEXIS 7853

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 5, 1968

Docket25119

StatusPublished

Cited by1 cases

This text of 390 F.2d 874 (Lillie H. Martinez v. John W. Gardner, 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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Lillie H. Martinez v. John W. Gardner, Secretary of Health, Education and Welfare, 390 F.2d 874, 1968 U.S. App. LEXIS 7853 (5th Cir. 1968).

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Opinion

PER CURIAM:

Appellant sought disability benefits under the Social Security Act, 42 U.S. C.A. §§ 416(i), 423, claiming that she was unable on the critical date, September 30, 1960, to engage in any substantial gainful activity by reason of a medically determinable physical impairment. The hearing examiner found that appellant was not disabled within the meaning of the Act. We agree with the District Court that the examiner’s findings are supported by substantial evidence 1 and should be upheld.

Affirmed.

1

. The result reached by the examiner and the District Court is not changed by the recent statutory change in the definition of disability, P.L. 90-248, 81 Stat. 821.

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PER CURIAM:

Appellant sought disability benefits under the Social Security Act, 42 U.S. C.A. §§ 416(i), 423, claiming that she was unable on the critical date, September 30, 1960, to engage in any substantial gainful activity by reason of a medically determinable physical impairment. The hearing examiner found that appellant was not disabled within the meaning of the Act. We agree with the District Court that the examiner’s findings are supported by substantial evidence 1 and should be upheld.

Affirmed.

1

. The result reached by the examiner and the District Court is not changed by the recent statutory change in the definition of disability, P.L. 90-248, 81 Stat. 821.

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390 F.2d 874, 1968 U.S. App. LEXIS 7853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lillie-h-martinez-v-john-w-gardner-secretary-of-health-education-and-ca5-1968.

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