Opinion

Brown v. Finch

  • 427 F.2d 1177
Court
Court of Appeals for the Fourth Circuit
Filed
Jun 18, 1970
Status
Published
Cited by
3 cases
Authority
More cited than 61.3%

The opinion

PER CURIAM.

Frances Hull Brown (plaintiff), individually and as administratrix of the estate of Robert Ervin Brown (claimant), appeals from the district court’s holding that there was substantial evidence to support the Secretary’s denial of claimant’s social security disability benefits claim. Plaintiff was substituted as party-plaintiff when claimant died during the pendency of this action.

If there is substantial supporting evidence on the record as a whole for the Secretary’s decision, that decision will not be overturned. Laws v. Celebrezze, 368 F.2d 640 (4 Cir. 1966). Here, there is medical evidence which indicates that, although claimant’s August 9, 1960, heart attack restricted his activities to some extent, it did not result in heart enlargement, irregular heart rhythm, heart murmurs or significant heart impairment. Claimant stated to the Veterans’ Administration physician that his doctor had told him he could do eight *1178 hours of light work per day. In short, there is ample evidence to support the hearing examiner’s finding that claimant made a normal and satisfactory recovery from his heart attack and that the residuals of this condition would not have prevented claimant from engaging in substantial gainful activity.

On this record the Secretary’s denial of disability benefits will not be disturbed. The judgment below is

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.