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HICKS v. GARDNER

No. 11609.

393 F.2d 299 (1968)

David E. HICKS, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 14, 1968.

Attorney(s) appearing for the Case

E. Carl Meadows, Jr., Beckley, W. Va. (Clay S. Crouse, Beckley, W. Va., and George B. Cooley, Hillsville, Va., on brief), for appellant.

William C. Breckinridge, Asst. U. S. Atty., for appellee.

Before SOBELOFF and CRAVEN, Circuit Judges, and MERHIGE, District Judge.

MERHIGE, District Judge:

This case comes before the Court by reason of the District Court's having upheld the decision of the Secretary of Health, Education and Welfare in his having sustained the hearing examiner who found that Hicks possessed residual capabilities which could be transferred to other jobs available in the local economy, resulting in the disallowance of the claim of David E. Hicks for Social Security benefits...

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