JARVIS v. RIBICOFF

No. 14904.

312 F.2d 707 (1963)

Odist JARVIS, Plaintiff-Appellant, v. Abraham A. RIBICOFF, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

February 4, 1963.


Attorney(s) appearing for the Case

W. L. Steele, Ashland, Ky., for appellant.

Stanley M. Kolber, Dept. of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Bernard T. Moynahan, U. S. Atty., Lexington, Ky., on the brief), for appellee.

Before McALLISTER and WEICK, Circuit Judges, and BOYD, District Judge.


McALLISTER, Circuit Judge.

On May 2, 1958, at the age of 54, appellant became unable to work because of a ruptured disc, separated vertebra, and a painful hip. He subsequently filed application for disability benefits under Sections 216(i) and 223 of the Social Security Act (42 U.S.C.A. 416(i) and 42 U.S.C.A. 423). Appellant's application was denied, and his request for reconsideration was also denied. Thereafter, a hearing was held, and upon denial of the claim by...

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