Legal Opinion

Bernice C. Whaley v. John W. Gardner, Secretary of Health, Education and Welfare

Court of Appeals for the Eighth Circuit

Decided March 14, 1967No. 18522_1PublishedCited by 13 opinions

1Opinion of the Court

VAN OOSTERHOUT, Circuit Judge.

This action was brought by claimant, Bernice C. Whaley, against the Secretary of Health, Education and Welfare, pursuant to § 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to obtain judicial review of the final decision of the Secretary denying claimant’s application for disability benefits under 42 U.S.C.A. §§ 416(i) and 423.

The District Court for reasons stated in a well-considered opinion — 255 F. Supp. 862 — affirmed the Secretary’s decision. This is a timely appeal from such final judgment.

Coverage under the Act is conceded. The dispositive issue…

2Cases cited5 opinions

  1. Federal Trade Commission v. Cement InstituteSupreme Court of the United States · 1948
  2. Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Herbert E. BolasCourt of Appeals for the Eighth Circuit · 1963
  3. James Paul Brasher v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1965
  4. Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Harry M. SuttonCourt of Appeals for the Eighth Circuit · 1964
  5. Whaley v. GardnerDistrict Court, E.D. Missouri · 1966

3Cited by13 opinions

  1. L.B. LOVELACE, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1987
  2. Fannie Mae Jeralds v. Elliott L. Richardson, Secretary of Health, Education and WelfareCourt of Appeals for the Seventh Circuit · 1971
  3. J.W. TAYLOR, Plaintiff-Appellant, v. Otis W. BOWEN, Secretary, Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1986
  4. Dunn v. RichardsonDistrict Court, W.D. Missouri · 1971
  5. Ruhl v. BowenDistrict Court, W.D. Missouri · 1989

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