Legal Opinion

Fletcher v. Gardner

District Court, D. South Carolina

Decided February 3, 1966No. Civ. A. No. 4668Published

1Opinion of the Court

HEMPHILL, District Judge.

Appeal from a “final decision” by the Secretary of Health, Education, and Welfare denying that plaintiff is entitled to disability benefits under the Social Security Act. Before the Court is the sole question of whether or not the Secretary’s decision is supported by substantial evidence. If so supported, it must be affirmed. This Court has no authority to try the issues de novo. But if undue reliance has been placed on one portion of the record in the face of overwhelming evidence to the contrary, then the Secretary’s decision must be reverséd. Thomas v. Celebrezze,…

2Cases cited2 opinions

  1. Clistie Bell Thomas v. Anthony J. Celebrezze, Secretary of the Department of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1964
  2. Terrell v. CelebrezzeDistrict Court, W.D. South Carolina · 1965

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