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eBook details

• Title: Holbrook v. Ribicoff
• Author : United States Court Of Appeals Sixth Circuit
• Release Date : January 06, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Plaintiffs illnesses, of which there are presently many, appear to have commenced late in 1946 when he underwent hospitalization treatment for about three weeks for diabetes. From that time until the present he has continued to suffer from diabetes mellitus with its various debilitating effects. He also suffers from chronic severe pulmonary emphysema. This constitutes impairment to his respiratory system. Fuller descriptions of the concomitant symptoms and disabilities occasioned by these will be found in the Hearing Examiners Decision as well as in the decision of the Appeals Council. Suffice it to state here that petitioner has been afflicted with numerous physical aggravations resulting from these two impairments affecting two different body systems. In 1956 he filed application to establish a period of disability which was denied under Section 216(i) of the Social Security Act, as amended, Section 416(i), Title 42 United States Code Annotated. Upon request for reconsideration his application was again denied. At his request a hearing on his application was held. The Hearing Examiner found appellant to be disabled and awarded a period of disability from December 21, 1946. His decision contains a complete factual picture. It bears the date of September 14, 1959. The Appeals Council, on its own motion, reviewed the case and reversed the decision of the Hearing Examiner on March 5, 1960. Within 60 days, April 13, 1960, this proceeding was commenced in the District Court below. On April 12, 1961 the lower court, by order, affirmed the decision of the Appeals Council. This appeal followed. The District Judge found that the decision of the Appeals Council was supported by substantial evidence and is conclusive.

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