(DOWNLOAD) "Mims v. Califano" by Fifth Circuit United States Court Of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Mims v. Califano
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 16, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Appellant Bill Mims filed an application in October 1974 for a period of disability and for disability benefits under sections 216 and 223 of the Social Security Act, as amended, 42 U.S.C. §§ 416 and 423, claiming that he has been continuously disabled since November 1964 due to a back injury and to a bronchial tube condition. The agency denied his application both initially and on reconsideration. Mims then requested a hearing which took place on July 28, 1976, with Mims, his wife and his attorney taking part. On October 1, 1976, the Administrative Law Judge rendered a decision upholding the denial of benefits. This decision became the final decision of the Secretary upon its affirmance by the Appeals Council on February 9, 1977. Mims sought judicial review pursuant to section 205(g) of the Act, 42 U.S.C. § 405(g), in the district court which, on cross motions for summary judgment, affirmed the Secretary's denial of benefits. We reverse. Appellant, a white male resident of Abilene, Texas, was born in 1917 and completed the eleventh grade and two years of junior college. From January 1947 to November 1964 he worked for the Texas Highway Department in a series of positions including rodman, junior inspector, party chief and senior inspector. These jobs all involved considerable walking and standing. Previously he had held a variety of jobs; he had issued parts to airplane mechanics, cleaned and repaired airplane engines, acted as a rodman with a surveying crew, and shingled roofs. He left the Highway Department voluntarily in 1964 to avoid a transfer to El Paso. Since then Mims' only employment has been a brief stint as a construction laborer in 1966; he left that job after five days due to back pain and an inability to lift objects.
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