William Weaver v. John W. Gardner, Secretary of Health, Education and Welfare

Sixth Circuit

William Weaver v. John W. Gardner, Secretary of Health, Education and Welfare

394 F.2d 110, 1968 U.S. App. LEXIS 7672

Court of Appeals for the Sixth Circuit·Decided March 18, 1968·No. 17603·Published·Cited by 4 cases

Opinion

ORDER.

The issue confronting the Secretary in this case, which was similar to the one presented in the companion case involving appellant’s deceased brother, Weaver, Admrx. v. Gardner, Sec., 6 Cir., 394 F.2d 111, was whether appellant had reached the age of 65 when he initially applied for Social Security benefits in 1957. The United States District Court for the Eastern District of Kentucky affirmed the Secretary’s final decision against appellant, and this appeal followed.

As in his brother’s ease, appellant relied upon the testimony of numerous witnesses to support his claim that he was born in 1892. However, the Secretary’s finding that appellant was born in 1910, or thereabouts, is supported by substantial evidence on the record as a whole, and is therefore conclusive. 42 U.S.C. § 405(g). The Secretary’s further finding that appellant was not without fault in causing the overpay-ments is likewise supported by substantial evidence on the record as a whole, and is conclusive on review. Accordingly,

It is ordered that the judgment of the District Court be and hereby is affirmed.

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ORDER.

The issue confronting the Secretary in this case, which was similar to the one presented in the companion case involving appellant’s deceased brother, Weaver, Admrx. v. Gardner, Sec., 6 Cir., 394 F.2d 111, was whether appellant had reached the age of 65 when he initially applied for Social Security benefits in 1957. The United States District Court for the Eastern District of Kentucky affirmed the Secretary’s final decision against appellant, and this appeal followed.

As in his brother’s ease, appellant relied upon the testimony of numerous witnesses to support his claim that he was born in 1892. However, the Secretary’s finding that appellant was born in 1910, or thereabouts, is supported by substantial evidence on the record as a whole, and is therefore conclusive. 42 U.S.C. § 405(g). The Secretary’s further finding that appellant was not without fault in causing the overpay-ments is likewise supported by substantial evidence on the record as a whole, and is conclusive on review. Accordingly,

It is ordered that the judgment of the District Court be and hereby is affirmed.

William Weaver v. John W. Gardner, Secretary of Health, Education and Welfare, 394 F.2d 110, 1968 U.S. App. LEXIS 7672 (6th Cir. 1968).

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Opinion

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