Legal Opinion

James Hess, Jr. v. Secretary of Health, Education and Welfare, United States of America

Court of Appeals for the Third Circuit

Decided June 5, 1974No. 73-1937PublishedCited by 148 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

To arrive at a consensus on the priority to be afforded the matters entrusted to the jurisdiction of the federal courts might be difficult indeed, but few would dispute the premise that claims of those entitled to disability benefits from the Social Security Administration must rank high on the scale of human concern. On appeal, a court is bound by findings of fact of the Secretary, supported by substantial evidence, but “substantial” means just that and is not the equivalent of a “scintilla.” The statute further grants the right to the district court,…

2Cases cited3 opinions

  1. Leo J. Domozik v. Wilbur J. Cohen, Secretary of Health, Education and Welfare, United States of AmericaCourt of Appeals for the Third Circuit · 1969
  2. John Easley v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1970
  3. Karin E. Steimer v. John W. Gardner, Secretary of Health, Education & WelfareCourt of Appeals for the Ninth Circuit · 1968

3Cited by148 opinions

  1. George Dobrowolsky v. Joseph A. Califano, Jr., Secretary, Health, Education, and WelfareCourt of Appeals for the Third Circuit · 1979
  2. Stephen R. VENTURA v. Donna E. SHALALA, Secretary of Health and Human Services. Stephen Ventura, AppellantCourt of Appeals for the Third Circuit · 1995
  3. Burton v. SchweikerDistrict Court, W.D. Pennsylvania · 1981
  4. Samuel C. EVANGELISTA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1987
  5. Laurel REEFER v. Joanne B. BARNHART, Commissioner of Social Security Laurel M. Reefer, AppellantCourt of Appeals for the Third Circuit · 2003

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