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David C. Richardson v. Elliott L. Richardson, Secretary of Health, Education and Welfare

David C. RICHARDSON, Plaintiff-Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee

Richardson v. Richardson, 437 F.2d 109 (5th Cir. 1971)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
January 6, 1971
Docket
No. 30247
Judges
Bell, Ainsworth, Godbold
Citations
437 F.2d 109

Opinion — Per Curiam

PER CURIAM:

Appellant seeks review of an order of the district court affirming a final decision of the Secretary of Health, Education and Welfare which denied his application for social security disability benefits.

We are not to reweigh evidence or substitute our judgment for that of the Secretary. The role of the court is to determine if there is substantial evidence in the record to support the Secretary’s decision. Rome v. Finch, 5 Cir., 1969, 409 F.2d 1329 .

The gravamen of appellant’s complaint is that the medical evidence to sustain his disability prior to and since the date he was last insured was ignored *110 in the lower proceedings. We find conflicts in the medical evidence and these are to be determined by the Secretary. Aldridge v. Celebrezze, 5 Cir., 1964, 339 F.2d 190 . They were determined adversely to appellant.

Finding substantial evidence in the record consistent with the above standard, the judgment of the district court is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1971: 119712026peak 1971 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rome v. Finch, 409 F.2d 1329 (5th Cir. 1969) 34
Aldridge v. Celebrezze, 339 F.2d 190 (5th Cir. 1964) 20

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