(DOWNLOAD) "Bradey v. Ribicoff" by United States Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Bradey v. Ribicoff
- Author : United States Court of Appeals
- Release Date : January 04, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This is an appeal by the Secretary of Health, Education and Welfare from an order of the District Court for the Western District of South Carolina. The order of the District Court reversed a final ruling by the Secretary that the Claimant herein was not entitled to a period of disability or to disability insurance benefits der 42 U.S.C.A. § 416(i) (1) (A) and 42 U.S.C.A. § 423 respectively. Upon Claimants initial request for insurance benefits under the Act, a hearing was held at which documentary evidence of her physical condition was admitted, and at which she testified in person. On the record made at that hearing, the Hearing Examiner denied Claimants claim, finding: that all her impairments were remediable, that she did not have arteriosclerotic heart disease or kidney involvement, and that her anxiety neurosis accompanied by a menopause syndrome was not of such severity as to prevent her from engaging in substantial gainful activity. The Appeals Council refused to review these findings. Claimant thereafter applied for judicial review of the agencys final decision under 42 U.S.C.A. § 405(g). At the Secretarys request the case was remanded for further administrative action. Thereafter the Hearing Examiner, at Claimants request, took additional medical testimony from Dr. Keitt Smith, a urologist. The Appeals Council on the entire record then reaffirmed the original findings of the Hearing Examiner, concluding that there was strong reason to believe that Claimant could continue her former employment and that there were also many other types of work which she could do.