JOSEPH C. GRANT, PLAINTIFF-APPELLEE,
v.
ELLIOT L. RICHARDSON, SECRETARY OF HEALTH, EDUCATION AND WELFARE, DEFENDANT-APPELLANT
JOSEPH C. GRANT, PLAINTIFF-APPELLEE,
ELLIOT L. RICHARDSON, SECRETARY OF HEALTH, EDUCATION AND WELFARE, DEFENDANT-APPELLANT
445 F.2d 656
Court of Appeals for the Fifth Circuit (1971)
Positive Treatment
Cited by 62 cases
Opinion of the Court
PER CURIAM:
Under the recent opinion of the Supreme Court of the United States in the case of Richardson, Secretary of Health, Education, and Welfare v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L. Ed.2d 842, decided May 3, 1971, the conclusion of the District Court that the testimony of Dr. C. W. Williams, the orthopedic surgeon, and Dr. R. C. Hardy, the neurosurgeon, did not constitute substantial evidence was error. Therefore, the Secretary’s determination, being supported by substantial evidence, must be affirmed, even if there was also substantial evidence which may have supported a finding in favor of the claimant Grant. Moreover, the resolution of any conflict in the evidence, including conflicting medical opinions, as in the case at hand, and the determination of questions of credibility of the witnesses are not for the court; such functions are solely within the province of the Secretary. Martin v. Finch, 5 Cir., 1969, 415 F. 2d 793; Stillwell v. Cohen, 5 Cir., 1969, 411 F. 2d 574, 575-576.
The motion of the defendant, Secretary of Health, Education and Welfare, should be granted; and the motion of the plaintiff (claimant) for summary judgment should be denied.
Reversed with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (55 total)
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Davis v. Apfel, 93 F. Supp. 2d 1313 (M.D. Fla. 2000)…pplied. McRoberts v. Bowen, 841 F.2d 1077, 1080 (11th Cir.1988). Moreover, it is the function of the secretary, and not the courts, to resolve conflicts in the evidence and to assess the credibility of the witnesses. Grant v. Richardson, 445 F.2d 656 (5th Cir.1971). Similarly, it is the responsibility of the Secretary to draw inferences from the evidence, and those inferences are not to be overturned if they are supported by substantial evidence. Celebrezze v. O’Brient, 323 F.2d 989 (5th C…
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Allen v. Schweiker, 642 F.2d 799 (5th Cir. 1981)
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Wilburn C. Anderson v. Schweiker, 651 F.2d 306 (5th Cir. 1981)
Previewing 3 of 55 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Richardson v. Perales, 402 U.S. 389 (U.S. 1971)
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Rayfield Martin v. Finch, 415 F.2d 793 (5th Cir. 1969)
- Stillwell v. Cohen, 411 F.2d 574 (5th Cir. 1969)