McDANIEL v. CELEBREZZE

No. 9155.

331 F.2d 426 (1964)

Sadie J. McDANIEL, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 13, 1964.


Attorney(s) appearing for the Case

Jacob Matz, Baltimore, Md., for appellant.

Robert J. Carson, Asst. U. S. Atty. (Joseph D. Tydings, U. S. Atty., on brief), for appellee.

Before BELL, Circuit Judge, and BUTZNER, District Judge.


BUTZNER, District Judge:

Two questions are presented by the claimant, who seeks to establish a period of disability and disability benefits under Sections 216(i) and 223 of the Social Security Act.1 First, did the Appeals Council err in taking administrative notice and in considering medical texts and employment opportunity studies without prior notice to the claimant? Second, was there substantial evidence in the record taken as a whole...

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