Ollie E. Estes v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

Fifth Circuit

Ollie E. Estes v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

338 F.2d 997

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 30, 1964

Docket21376

StatusPublished

Cited by1 cases

This text of 338 F.2d 997 (Ollie E. Estes v. Anthony J. Celebrezze, 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.

Bluebook

Ollie E. Estes v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare, 338 F.2d 997 (5th Cir. 1964).

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Opinion

PER CURIAM.

This is an appeal from a decision of the District Court affirming a determination by the Secretary of Health, Education and Welfare that appellant is not entitled to disability benefits under the Social Security Act. 42 U.S.C.A. §§ 405(g), 416(i), and 423. To establish disability under the act, the claimant must demonstrate an “inability to engage in any substantial gainful activity.” The Hearing Examiner found that appellant’s physical impairments did not prevent him from performing non-strenuous work not requiring education for skill and concluded that disability within the Act was not established. The Appeals Council denied review.

After a careful review of the record, we are convinced that the Hearing Examiner applied correct legal standards and that his findings are supported by substantial evidence. Consequently, the judgment appealed from must be and it is affirmed.

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PER CURIAM.

This is an appeal from a decision of the District Court affirming a determination by the Secretary of Health, Education and Welfare that appellant is not entitled to disability benefits under the Social Security Act. 42 U.S.C.A. §§ 405(g), 416(i), and 423. To establish disability under the act, the claimant must demonstrate an “inability to engage in any substantial gainful activity.” The Hearing Examiner found that appellant’s physical impairments did not prevent him from performing non-strenuous work not requiring education for skill and concluded that disability within the Act was not established. The Appeals Council denied review.

After a careful review of the record, we are convinced that the Hearing Examiner applied correct legal standards and that his findings are supported by substantial evidence. Consequently, the judgment appealed from must be and it is affirmed.

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Bluebook (online)

338 F.2d 997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ollie-e-estes-v-anthony-j-celebrezze-secretary-of-health-education-and-ca5-1964.

Opinion

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