Legal Opinion

Harvey v. Richardson

Court of Appeals for the Ninth Circuit

Decided November 15, 1971No. Nos. 26337, 26671PublishedCited by 22 opinions

1Per curiam

Appellant’s application for disability benefits under 42 U.S.C. §§ 416(i) and 423 was denied. Thereafter, she instituted an action in the district court under 42 U.S.C. § 405(g) to review the ap-pellee’s decision denying her benefits. The district court, 313 F.Supp. 323, granted a motion for summary judgment and the appellant now appeals from that judgment. We affirm.

Where, as here, the evidence is in conflict, it is the function of the appellee to decide all issues of fact. Jacobs v. Finch, 421 F.2d 843 (9th Cir. 1970). His findings are conclusive if supported by substantial evidence,…

2Cases cited5 opinions

  1. Donald M. Rhinehart v. Robert H. Rinch, Etc. (Wilbur J. Cohen, Secretary of Health, Education and Welfare)Court of Appeals for the Ninth Circuit · 1971
  2. Andrew C. Mark v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1965
  3. Leonard J. McMullen v. Anthony J. Celebrezze, Secretary, Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1964
  4. Harvey v. FinchDistrict Court, N.D. California · 1970
  5. Elmo R. Jacobs v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1970

3Cited by22 opinions

  1. John J. Beane v. Elliot L. Richardson, as Secretary of Health, Education, and WelfareCourt of Appeals for the Ninth Circuit · 1972
  2. Clara A. Torske v. Elliot L. Richardson, Secretary of Health, Education, and WelfareCourt of Appeals for the Ninth Circuit · 1973
  3. Davis v. MathewsDistrict Court, E.D. California · 1978
  4. Holguin v. HarrisDistrict Court, N.D. California · 1979
  5. Lauretta L. Dobbins v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1981

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