Mahan v. Califano

Order BEFORE: ENGEL and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge This is an appeal from a denial of social security benefits under sections 216(i) and 223 of the Social Security Act as amended (42 U.S.C. §§ 416(i) and 423). Fifty year old appellant Norman Mahan suffered a back injury as a result of a truck accident June 22, 1972, while employed as a truck driver. In January, 1973, exploratory surgery revealed a herniated disc which was removed from appellant's back. On March 13, 1973, appellant filed for social security insurance disability benefits; the administrative appellant process utilized in such applications resulted in the district court for the Western District of Tennessee sustaining the administrative denials of said benefits on September 5, 1974. Appellant initiated a second application for disability insurance benefits on September 25, 1976, which was denied by a different Administrative Law Judge on April 6, 1976. Similarly, the Appeals Council on June 22, 1976 and Judge Wellford for the Western District of Tennessee, western division, on August 26, 1977, affirmed the denial of benefits under the second application. Our inquiry is limited to whether there is substantial evidence in the record to support the finding of the Secretary in his denial of social security benefits under §§ 216(i) and 223 of the Social Secuity Act, as amended (42 U.S.C. §§ 416(i) and 423).