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(Download) "Davis v. Gardner" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free

Davis v. Gardner

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eBook details

  • Title: Davis v. Gardner
  • Author : United States Court Of Appeals For The Sixth Circuit
  • Release Date : January 27, 1968
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

This is an appeal from a judgment of the District Court affirming the Appeals Council of the Department of Health, Education and Welfare, which denied appellant's application for disability insurance benefits and a declaration of disability under the Social Security Act, ร‚ยงร‚ยง 223, 216. The only question is whether appellant has the ability ""to engage in any substantial gainful activity"" within the meaning of ร‚ยง 223(d) (1) (A) of the Act. Appellant filed an application with the Secretary in 1960, alleging disability from May 1, 1958. The hearing examiner found that, although appellant could not return to strenuous labor, his impairments were not so severe as to render him unable to engage in any substantial gainful activity and denied the application for benefits. Appellant's request for review of the hearing examiner's decision was denied by the Appeals Council. Review was obtained in the District Court and the case was remanded to the Secretary with directions that findings be made as to ""what plaintiff can do, and what employment opportunities are there for a man who can do only what plaintiff can do.""


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