Harold R. Williams v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 590 F.2d 1332 (5th Cir. 1979). · Go Syfert
Harold R. Williams v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 590 F.2d 1332 (5th Cir. 1979). Cases Citing This Book View Copy Cite
23 citation events (4 in the last 25 years) across 9 distinct courts.
Strongest positive: Padgett v. Social Security Administration (laed, 2023-12-04)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Padgett v. Social Security Administration
E.D. La. · 2023 · confidence medium
Although an ALJ may rely on a VE’s testimony to support a step four finding, 20 C.F.R. § 404.1560 (a)(2), a VSeEe’s W teislltiiammosn vy. iCsa nliofat nnoecessary to find that a claimant can perform her past relevant work. , 590 F.2d 1332, 1334 (5th Cir. 1979).
cited Cited as authority (rule) Jordan v. Commissioner, Social Security Administration
N.D. Tex. · 2021 · confidence medium
Id. at 7 (citing Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir. 1979)).
discussed Cited as authority (rule) Clayton Carlson v. Secretary of Health and Human Services
6th Cir. · 1986 · confidence medium
Secs. 404.1501-1599 (1983); see Ellington v. Secretary of Health & Human Services, 738 F.2d 159 (6th Cir. 1984). 14 Carlson claims that the following three findingsof the Secretary were not supported by substantial evidence: 1) his work was semi-skilled; 2) he has acquired skills transferable to sedentary work or to a significant number of sedentary jobs; 3) his non-exertional limitations do not significantly limit the range of sedentary work he could perform. 15 Although the Social Security Act is a remedial statute, to be liberally applied, Marcus v. Califano, 615 F.2d 23, 29 (2d Cir. 1979);…
discussed Cited as authority (rule) Barbarine CARRY, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Defendant-Appellee
5th Cir. · 1985 · confidence medium
The inquiry concerning “good cause” is directed at determining whether consideration of the additional evidence “[is] necessary to a just determination of claimant’s application.” Cutler v. Weinberger, 516 F.2d 1282, 1285 (2nd Cir.1975), quoted in Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir.1979).
cited Cited as authority (rule) Curtis v. Heckler
E.D. Tex. · 1984 · confidence medium
The Social Security Act is to be “broadly construed and liberally applied.” Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir.1979).
discussed Cited as authority (rule) Czubala v. Heckler
N.D. Ind. · 1983 · confidence medium
Consistent with the interpretation of the Act ”[c]ourts have not hesitated to remand for the taking of additional evidence, on good cause shown, where relevant, probative, and available evidence was either not before the Secretary or was not explicitly weighed and considered by him, although such consideration was necessary to a just determination of claimant’s application.” Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir.1979) (quoting Cutler v. Weinberger, 516 F.2d 1282, 1285 (2nd Cir.1975)).
discussed Cited as authority (rule) Mary J. Dorsey v. Margaret M. Heckler, Secretary of Health and Human Services
5th Cir. · 1983 · confidence medium
This Court has repeatedly observed that “[t]he Social Security Act is to be broadly construed and liberally applied.” Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir.1979) (quoting Cutler v. Weinberger, 516 F.2d 1282, 1285 (2d Cir.1975)). 10 See also Parks v. Harris, 614 F.2d 83, 84-85 (5th Cir.1980); Taylor v. Harris, 505 F.Supp. 153, 154 (E.D.Tex.1981).
cited Cited as authority (rule) Chambers v. Schweiker
S.D. Tex. · 1982 · confidence medium
Epps, 624 F.2d at 1273 , Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir.1979).
discussed Cited as authority (rule) Henry Chaney v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant
5th Cir. · 1981 · confidence medium
Consistent with the interpretation of the Act “[c]ourts have not hesitated to remand for the taking of additional evidence, on good cause shown, where relevant, probative, and available evidence was either not before the Secretary or was not explicitly weighed and considered by him, although such consideration was necessary to a just determination of claimant’s application.” Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir. 1979) (quoting Cutler v. Weinberger, 516 F.2d 1282, 1285 (2d Cir. 1975)).
discussed Cited as authority (rule) Taylor v. Harris
E.D. Tex. · 1981 · confidence medium
Consistent with this interpretation of the Act “[c]ourts have not hesitated to remand for the taking of additional evidence, on good cause shown, where relevant, probative and available evidence was either not before the Secretary or was not explicitly weighed and considered by [her], although such consideration was necessary to a just determination of claimant’s application.” Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir. 1979) (quoting Cutler v. Weinberger, 516 F.2d 1282, 1285 (2nd Cir. 1975)).
cited Cited as authority (rule) Williams v. Harris
E.D. Tex. · 1980 · confidence medium
Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir. 1979); Celebrezze v. Bolas, 316 F.2d 498, 500 (8th Cir. 1963).
cited Cited as authority (rule) Vernell Parks v. Patricia Roberts Harris, Secretary of Health and Human Resources, Defendant
5th Cir. · 1980 · confidence medium
Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir. 1979).
cited Cited as authority (rule) PATRICIA A. NICHOLSON v. LARRY G. MASSANARI, ACTING COMMISSIONER OF SOCIAL SECURITY
unknown court · confidence medium
Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir. 1979).
cited Cited "see" Torres v. Harris
E.D. Pa. · 1980 · signal: see · confidence high
See Williams v. Califano, 590 F.2d 1332 (5th Cir. 1979).
discussed Cited "see" William C. Epps v. Patricia Roberts Harris, Secretary, Department of Health and Human Services
5th Cir. · 1980 · signal: see · confidence high
See Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir. 1979) (remanding for further consideration of relevant, probative evidence not explicitly weighed and considered by the Secretary when such consideration “was necessary to a just determination of claimant’s application”).
cited Cited "see, e.g." Finley v. Saul
N.D. Tex. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir. 1979).
discussed Cited "see, e.g." Curtis H. Smith, Agu-Fj-Nqfa v. Richard S. Schweiker, Secretary of Health and Human Services (2×)
5th Cir. · 1981 · signal: see also · confidence medium
See also Williams v. Califano, 590 F.2d 1332, 1334 (5th Cir. 1979) (remanding for further consideration of relevant probative evidence not explicitly weighed and considered by the Secretary when such consideration was necessary to a just determination of claimant's application). 35 Third we cannot overlook the apparent lack of weight given Smith's subjective testimony.
Retrieving the full opinion text from the archive…
Harold R. WILLIAMS, Plaintiff-Appellant,
v.
Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee
78-3183.
Court of Appeals for the Fifth Circuit.
Mar 7, 1979.
590 F.2d 1332
Laurel G. Weir, Atty., Philadelphia, Miss., for plaintiff-appellant., Robert E. Hauberg, U. S. Atty., L. A. Smith, III, Asst. U. S. Atty., Jackson, Miss., Carl H. Harper, Reg. Atty., Jerry J. Wall, Asst. Regional Atty., Dept. of H. E. W., Atlanta, Ga., for defendant-appellee.
Coleman, Fay, Per Curiam, Rubin.
Cited by 22 opinions  |  Published
PER CURIAM:

The Secretary of Health, Education and Welfare denied the application of Harold R. Williams for the establishment of a period of disability under § 216(i) of the Social Security Act, 42 U.S.C. § 416(i); for disability insurance benefits under Section 223 of the Act, 42 U.S.C. § 423; and for Supplemental Security Income under Section 1614(a)(3)(A) of the Act, 42 U.S.C. § 18820(a)(3)(A).

I. FACTS AND PROCEDURAL HISTORY

On July 13, 1976 a hearing was held to determine if appellant had a disability compensable under the Social Security Act. Williams testified but was not represented by counsel although he was advised of his right to counsel.

On August 16, 1976 the administrative law judge (AU) found that claimant was not under a disability and denied Williams’ application. The AU found that appellant met the earnings requirements but did not find appellant’s complaints of disability sufficient for recovery. The ALJ found: 1) that there was no merit to appellant’s complaint of a significant loss of vision in the left eye; 2) that complaints of hypertensive cardiovascular disease, high blood pressure, dizziness and heart trouble could be adequately controlled by medication and were only a mild impairment; 3) that Williams’ anxiety, nervousness or depression were not related to any severe physical or mental abnormality; 4) that appellant’s obesity could be remedied by “reducing food intake.” In sum, the ALJ determined that appellant’s impairments did not prevent him from returning to his former line of work as a private security guard or sergeant in charge of a detective agency or any similar line of work. [1]

The administrative law judge’s decision became the decision of the Secretary of Health, Education and Welfare when the Appeals Council approved it on January 19, 1976.

On February 8,1977, Williams filed in the district court pursuant to Sections 205(g) and 1631(c)(3) of the Act, 42 U.S.C. §§ 405(g) and 1383(c)(3), to obtain judicial review of the Secretary’s decision. The United States Magistrate filed a report and recommendation which was adopted by the district court despite objections filed by appellant (including a letter from a physician which contained new evidence of disability). Judgment was entered against appellant on[*1334] September 21, 1978 from which appellant now seeks review.

II. NEW EVIDENCE

Appellant' argues that the case should be remanded to the ALJ so that a vocational expert could be called to testify in order to determine whether there is any work suitable for him. Appellee argues that because the ALJ found that Williams could return to his former work, there was no need to call a vocational expert.

Vocational testimony is not necessary if the administrative law judge concludes that a claimant could return to his former occupation. Gray v. Secretary of Health, Education and Welfare, 421 F.2d 638 (5th Cir. 1970). Although at first glance it appears Gray controls this case, appellant produced new evidence to the district court which may prove that he is not suited for the types of work the ALJ found he had previously performed and could perform. [2] The new evidence is a letter from Dr. J. G. Alexander stating that appellant “appeared to have no use of his left arm upper extremity” and that appellant’s mouth was “slightly drawn to the right.”

The Social Security Act is to be broadly construed and liberally applied. Consistent with this interpretation of the-Act

[C]ourts have not hesitated to remand for the taking of additional evidence, on good cause shown, where' relevant, probative and available evidence was either not before the Secretary or was not explicitly weighed and considered by him, although such consideration was necessary to a just determination of claimant’s application.

Cutler v. Weinberger, 516 F.2d 1282, 1285 (2nd Cir. 1975).

In light of this additional evidence which was not presented to the administrative law judge, and therefore not considered by the Secretary in adopting the ALJ’s decision, we remand for further consideration.

REMANDED.

1

. The administrative law judge held that appellant could not return to those occupations he previously held which required more than moderate physical exertion such as pipeline construction and operating the steel wheel roller and asphalt paving machine.

2

. The two occupations mentioned by the administrative law judge were: security guard and sergeant in charge of detectives.