From Casetext: Smarter Legal Research

Hart v. Finch

United States Court of Appeals, Fifth Circuit
Apr 5, 1971
440 F.2d 1340 (5th Cir. 1971)

Summary

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Hall v. Saul

Opinion

No. 30460.

April 5, 1971.

Emory O. Williams, Jr., Pensacola, Fla., for plaintiff-appellant.

William Stafford, U.S. Atty., C.W. Eggart, Jr., Asst. U.S. Atty., Pensacola, Fla., for defendant-appellee.

Before GEWIN, COLEMAN and AINSWORTH, Circuit Judges.


Mary L. Hart, claimant and appellant, appeals from the judgment of the district court affirming the decision of the Secretary of Health, Education and Welfare denying her application for disability benefits under the Social Security Act. The sole question presented is whether there is substantial evidence to support the denial of benefits. Because we find substantial medical evidence in the record to support the ruling of the Secretary that claimant is not entitled to benefits under the Act, we affirm.

The district court refused to set aside the decision of the Secretary on the ground that Mrs. Hart had not established eligibility within the applicable restrictive definition of "disability" enacted by Congress. A "disability" under the Social Security Act as amended is defined as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months * * *." The act places the burden on the claimant to prove by such medical and other appropriate evidence that she was "disabled" under the provisions of the act. Moreover, in determining whether the claimant has discharged the burden of proving disability, it is the province of the Secretary to weigh all the evidence and to resolve the conflicts on the record. Thus, the primary function of this court is not to reweigh the evidence, but to determine whether there is substantial evidence to support the Secretary's decision.

Social Security Act §§ 216(i), 223, 42 U.S.C. § 416(i), 423, as amended (1969).

Social Security Act §§ 216(i), 223 as amended, 42 U.S.C. § 416 (i)(1)(A), 423(d)(1)(A) as amended (1969).

Miller v. Finch, 430 F.2d 321 (8th Cir. 1970); Brown v. Finch, 429 F.2d 80, 83 (5th Cir. 1970).

Burdett v. Finch, 425 F.2d 687, 688 (5th Cir. 1970); Johnson v. Gardner, 401 F.2d 518, 519 (8th Cir. 1968); Lane v. Gardner, 374 F.2d 612, 616 (5th Cir. 1967).

Social Security Act § 205(g), 42 U.S.C. § 405(g) (1964). See: Richardson v. Richardson, 437 F.2d 109 (5th Cir. 1970) [No. 30247, December 11, 1970]; Reams v. Finch, 428 F.2d 1225 (8th Cir. 1970); Gray v. Secretary of Health, Education and Welfare, 421 F.2d 638 (5th Cir. 1970). Compare: Williams v. Finch, 440 F.2d 613 (5th Cir. 1971) [March 17, 1971].

Despite plaintiff's allegations of numerous ailments, the medical evidence of record shows that her major impairment prior to June 30, 1967 (when she last met the "earning requirement") was pain due to minor conditions relating to arthritis, menopausal syndrome, generalized edema, sinusitis, and a chronic anxiety state. However, plaintiff's alleged impairments, either singly or in combination, were not of such severity as to have precluded substantial gainful activity prior to June 30, 1967. As the Hearing Examiner concluded "[t]he only conclusions which such medical evidence permits is that the claimant's major impairment is psychiatric and nondisabling considered alone or in conjunction with her minor physical impairments."

Cooper v. Finch, 433 F.2d 315, 316 (5th Cir. 1970); Gentile v. Finch, 423 F.2d 244, 246 (4th Cir. 1970).

After a careful review of the record, including the administrative transcript, we conclude that there was substantial medical evidence in the record to support the Secretary's conclusion that the claimant was not entitled to the benefits claimed.

The judgment is affirmed.


Summaries of

Hart v. Finch

United States Court of Appeals, Fifth Circuit
Apr 5, 1971
440 F.2d 1340 (5th Cir. 1971)

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Hall v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Sanders v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Abernathy v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Long v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Woodard v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Whitaker v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Williams v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Whitmore v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Thompkins v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Gowens v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Marsh v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Owens v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Hill v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Garner v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Byers v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Hodgson v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Shadwrick v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Ritter v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from McGhee v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Benefield v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that the plaintiff was not disabled

Summary of this case from Walker v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Moorer v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Mayben v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Edwards v. Saul

concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled

Summary of this case from Burnett v. Saul
Case details for

Hart v. Finch

Case Details

Full title:Mary L. HART, Plaintiff-Appellant, v. Robert H. FINCH, Secretary of…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 5, 1971

Citations

440 F.2d 1340 (5th Cir. 1971)

Citing Cases

Willingham v. Secretary of Health, Educ. Welf.

It is black letter law that the overall burden of proving disability under the Act rests upon the claimant.…

York v. Soc. Sec. Admin.

These impairments must be severe and must meet the durational requirements before a claimant will be found to…