Legal Opinion

Gaston v. Gardner

District Court, D. South Carolina

Decided November 30, 1965No. Civ. A. No. 4658PublishedCited by 1 opinion

1Opinion of the Court

HEMPHILL, District Judge.

Action appealing a “final decision” by the Secretary of Health, Education, and Welfare in which plaintiff’s claim for mother’s and child’s insurance benefits under Section 202 of the Social Security Act, 42 U.S.C. § 402, was denied. Jurisdiction is proper in this forum in conformity with Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

The crucial question here is whether the Secretary’s decision is supported by substantial evidence. Of course, substantial evidence is not tenuous evidence, but is evidence of such relevance that a reasonable mind might…

2Cases cited3 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Clistie Bell Thomas v. Anthony J. Celebrezze, Secretary of the Department of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1964
  3. Effie J. Sabbagha v. Anthony Celebrezze, Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1965

3Cited by1 opinion

  1. Reynolds v. GardnerDistrict Court, W.D. Virginia · 1966

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