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Richardson v. Richardson

United States Court of Appeals, Fifth Circuit
Jan 6, 1971
437 F.2d 109 (5th Cir. 1971)

Opinion

No. 30247 Summary Calendar.

Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir., 1970, 431 F.2d 409, Part I.

December 11, 1970. Rehearing Denied January 6, 1971.

William C. Davis, Jr., John B. L'Engle, Jacksonville, Fla., for plaintiff-appellant.

John L. Briggs, U.S. Atty., John D. Roberts, Asst. U.S. Atty., Jacksonville, Fla., for defendant-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.



Appellant seeks review of an order of the district court affirming a final decision of the Secretary of Health, Education and Welfare which denied his application for social security disability benefits.

We are not to reweigh evidence or substitute our judgment for that of the Secretary. The role of the court is to determine if there is substantial evidence in the record to support the Secretary's decision. Rome v. Finch, 5 Cir., 1969, 409 F.2d 1329.

The gravamen of appellant's complaint is that the medical evidence to sustain his disability prior to and since the date he was last insured was ignored in the lower proceedings. We find conflicts in the medical evidence and these are to be determined by the Secretary. Aldridge v. Celebrezze, 5 Cir., 1964, 339 F.2d 190. They were determined adversely to appellant.

Finding substantial evidence in the record consistent with the above standard, the judgment of the district court is affirmed.


Summaries of

Richardson v. Richardson

United States Court of Appeals, Fifth Circuit
Jan 6, 1971
437 F.2d 109 (5th Cir. 1971)
Case details for

Richardson v. Richardson

Case Details

Full title:David C. RICHARDSON, Plaintiff-Appellant, v. Elliott L. RICHARDSON…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 6, 1971

Citations

437 F.2d 109 (5th Cir. 1971)

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