Legal Opinion
John W. Gardner, Secretary of Health, Education and Welfare v. Ellice C. Brian
Court of Appeals for the Tenth Circuit
Decided November 29, 1966No. 8342_1PublishedCited by 38 opinions
1Opinion of the Court
MURRAH, Chief Judge.
We reheard this case en banc to resolve the seeming conflict between Dvorak v. Celebrezze, 10 Cir., 345 F.2d 894, and Haley v. Celebrezze, 10 Cir., 351 F.2d 516, on the constantly recurring question whether a claimant for social security benefits is “under disability”, i. e. unable “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 to be of long-continued and indefinite duration.” 42 U.S.C. §§ 416(i) (1) (A), 423(c) (2).
After remand by the District Court for…
2Cases cited25 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Udall v. TallmanSupreme Court of the United States · 1965
- National Labor Relations Board v. BrownSupreme Court of the United States · 1965
- Carl G. Underwood, (Social Security Account Number Tqv-Im-Bnsb v. Abraham A. Ribicoff, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1962
- Philip Kerner v. Arthur S. Flemming, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1960
20 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- William Trujillo v. Eliot L. Richardson, Secretary of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1970
- Vera Sayers v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1967
- Garvey v. FreemanCourt of Appeals for the Tenth Circuit · 1968
- Lydia L. Kirby v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1966
- Lawrence J. Keating v. Secretary of Health, Education and Welfare of United States of AmericaCourt of Appeals for the Tenth Circuit · 1972
33 more not listed; retrieve them via the Exa API.