Legal Opinion

Edward S. Butler v. Arthur S. Flemming, Secretary of Department of Health, Education and Welfare

Court of Appeals for the Fifth Circuit

Decided April 5, 1961No. 18587_1PublishedCited by 150 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The question here is whether the District Court was correct in holding that there was substantial evidence to support the administrative finding that the Claimant was not totally disabled under the disability freeze provisions of the Social Security Act, 42 U.S.C.A. §§ 416 (i), 423. At every turn the claim was rejected. As permitted under § 205(g), the Claimant sought review of the adverse decision of the Referee which became final on the formal denial by the Appeals Council of the Claimant’s Request for Review.

As near as we can discern the Referee’s decision,…

2Cases cited5 opinions

  1. Philip Kerner v. Arthur S. Flemming, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1960
  2. Aaron v. FlemingDistrict Court, M.D. Alabama · 1958
  3. Arthur S. Flemming, as Secretary of Health, Education and Welfare v. Hunter Lee BookerCourt of Appeals for the Fifth Circuit · 1960
  4. Theberge v. United StatesCourt of Appeals for the Second Circuit · 1937
  5. Hallard v. FlemingDistrict Court, W.D. Arkansas · 1958

3Cited by150 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. Dorothy Kutchman v. Wilbur J. Cohen, Secretary of Health, Education and WelfareCourt of Appeals for the Seventh Circuit · 1970
  3. Thomas E. Depaepe, Sr. v. Elliot L. Richardson, Secretary, Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1972
  4. William T. Miracle v. Anthony J. Celebrezze, Secretary of Health, Education, and WelfareCourt of Appeals for the Sixth Circuit · 1965
  5. Manuel A. Miranda v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1975

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