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Broussard v. Gardner

United States Court of Appeals, Fifth Circuit
Aug 14, 1967
382 F.2d 278 (5th Cir. 1967)

Summary

holding a claimant failed to show that it was improbable that he could obtain and hold gainful employment

Summary of this case from Battle v. Astrue

Opinion

No. 23703.

August 14, 1967.

Frederic G. Hayes, Lafayette, La., for appellant.

Leven H. Harris, Asst. U.S. Atty., Shreveport, La., for appellee.

Before BROWN, Chief Judge, and MOORE and BELL, Circuit Judges.

Of the Second Circuit, sitting by designation.


The Secretary denied appellant's application to establish a period of disability under the Social Security Act and for disability benefits. 42 U.S.C.A. §§ 405(g), 416(i), and 423. The District Court affirmed.

We find substantial evidence in the record considered as a whole to support a determination that appellant did not establish that his mental and physical impairments, either singly or in combination, were of such severity as to preclude him from engaging in any substantial gainful activity. See Clinch v. Celebrezze, 5 Cir., 1964, 328 F.2d 779, for the standard of review in the District Court and in this court. In Dodsworth v. Celebrezze, 5 Cir., 1965, 349 F.2d 312, we pointed out that in a case involving both mental and physical impairments, the question is:

"* * * whether in light of all the evidence it is medically demonstratable that from the operation of these mental-psychological defects on his general physical condition, it is improbable that he could obtain and hold gainful employment."

The evidence here supports a negative answer to this question. The record discloses a back injury. It also discloses "moderate serious" mental depression leading from the back injury which prevented appellant from seeking a job. However, there was substantial medical evidence ample to support a conclusion that within the area where he would normally be expected to work jobs existed within his determined capabilities for which appellant had a reasonable opportunity to compete in the manner normally pursued by persons genuinely seeking work, Gardner v. Smith, 5 Cir., 1966, 368 F.2d 77; Bridges v. Gardner, 5 Cir., 1966, 368 F.2d 86; Harrison v. Gardner, 5 Cir., 1966, 369 F.2d 172; Celebrezze v. O'Brient, 5 Cir., 1963, 323 F.2d 989; but he persisted in his position of not seeking a job. This warrants the conclusion that appellant's previous physical or mental impairment, if any, was not sufficient to prevent him from competing in the labor market or being hired to fill jobs which he could perform.

Affirmed.


Summaries of

Broussard v. Gardner

United States Court of Appeals, Fifth Circuit
Aug 14, 1967
382 F.2d 278 (5th Cir. 1967)

holding a claimant failed to show that it was improbable that he could obtain and hold gainful employment

Summary of this case from Battle v. Astrue
Case details for

Broussard v. Gardner

Case Details

Full title:Chester I. BROUSSARD, Appellant, v. John W. GARDNER, Secretary of Health…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 14, 1967

Citations

382 F.2d 278 (5th Cir. 1967)

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