Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Carol B. PRICE, as Executrix of the Estate of Clay W. Moody, Deceased, Plaintiff-Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee.

PER CURIAM:

From June 1965 to December 1970 Clay Moody owned and operated a small meat processing business while suffering from the devastating and ultimately fatal effects of cancer. His claim for Social Security disability benefits for this period was administratively denied on the grounds that he had been engaged in "substantial gainful activity" and hence was not disabled within the meaning of 42 U.S.C.A. § 423(d)(1). In a suit brought by his executrix the District Court upheld this determination. We affirm.

Of course the scope of our review is narrowly limited to the question of whether the disallowance of benefits was supported by substantial evidence. Although the record reveals that the claimant obviously was unable to engage in any sort of even moderately strenuous physical activity, nevertheless he came to work six days a week, supervised his employees, took telephone orders, handled accounts receivable and generally acted as overseer of the business's day-to-day operations. Unlike the disabilities we considered in Butler v. Flemming, 5 Cir., 1961, 288 F.2d 591 and Hayes v. Celebrezze, 5 Cir., 1963, 311 F.2d 648, his condition was not so severe as to preclude for all practical purposes his doing any work at all, and he did in fact contribute significant managerial expertise to the operation of a profit-making enterprise.

We therefore conclude that the evidence supports a finding that, although bearing the burden of a terminal illness, the claimant was engaged in substantial gainful activity and hence was not disabled under the law.

Affirmed.

Use AI to get other relevant cases.

Comments

PRICE v. RICHARDSON
(May 26, 1971)