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HAYES v. CELEBREZZE

No. 19630.

311 F.2d 648 (1963)

Thomas O. HAYES, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

January 3, 1963.

Attorney(s) appearing for the Case

James L. Shores, Jr., Birmingham, Ala., Clarence F. Rhea, Gadsden, Ala., for appellant.

Macon L. Weaver, U. S. Atty., Birmingham, Ala., Stanley M. Kolber, Atty., Dept. of Justice, William H. Orrick, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before RIVES, CAMERON and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The question raised on this appeal is whether there is substantial evidence to support a determination by the Hearing Examiner of the Department of Health, Education and Welfare that Claimant Hayes was not entitled to Social Security disability benefits. Our answer is in the negative and therefore we reverse the decision of the District Court upholding the Secretary's determination.

A brief statement of Claimant's background is...

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