John J. Beane v. Elliot L. Richardson, as Sec'y of Health, Educ., & Welfare, 457 F.2d 758 (9th Cir. 1972). · Go Syfert
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John J. Beane v. Elliot L. Richardson, as Sec'y of Health, Educ., & Welfare, 457 F.2d 758 (9th Cir. 1972). Cases Citing This Book View Copy Cite
48 citation events (7 in the last 25 years) across 19 distinct courts.
Strongest positive: Bussanich v. Commissioner of Social Security (wawd, 2022-02-02)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 24 distinct citers.
discussed Cited as authority (rule) Bussanich v. Commissioner of Social Security
W.D. Wash. · 2022 · confidence medium
The ALJ may “draw inferences logically flowing 16 from the evidence.” Sample, supra, 694 F.2d at 642 (citing Beane v. Richardson, 457 F.2d 758 17 (9th Cir. 1972); Wade v. Harris, 509 F. Supp. 19, 20 (N.D.
discussed Cited as authority (rule) State v. Hon. harris/mitchell
Ariz. Ct. App. · 2014 · confidence medium
Corp. v. Desert Valley Wood Prods., Inc., 167 Ariz. 383, 387 , 807 P.2d 1119, 1123 (App. 1990) (citing Milton v. Harris, 616 F.2d 968 , 975 n.10 (7th Cir. 1980), and Beane v. Richardson, 457 F.2d 758, 759 (9th Cir. 1972)).
cited Cited as authority (rule) WARE ON BEHALF OF WARE v. Shalala
E.D. Wash. · 1995 · confidence medium
Mark v. Celebrezze, 348 F.2d 289, 293 (9th Cir.1965); Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972).
cited Cited as authority (rule) Wilson v. Shalala
E.D. Wash. · 1994 · confidence medium
Mark v. Celebrezze, 348 F.2d 289 , *1494 293 (9th Cir.1965); Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.1972).
cited Cited as authority (rule) Carr v. Sullivan
E.D. Wash. · 1991 · confidence medium
Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.1972); Mark v. Celebrezze, 348 F.2d 289, 293 (9th Cir.1965).
cited Cited as authority (rule) Vasquez v. Secretary of Health & Human Services
S.D.N.Y. · 1986 · confidence medium
Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972); Rodriguez v. Califano, 431 F.Supp. 421, 423 (S.D.N.Y.1977).
cited Cited as authority (rule) Rivera v. Heckler
S.D.N.Y. · 1985 · confidence medium
Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972); Rodriguez v. Califano, 431 F.Supp. 421, 423 (S.D.N.Y.1977).
cited Cited as authority (rule) Troupe v. Heckler
S.D.N.Y. · 1985 · confidence medium
Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972); Rodriguez v. Califano, 431 F.Supp. 421, 423 (S.D.N.Y.1977).
discussed Cited as authority (rule) Tobias v. Heckler
N.D. Cal. · 1985 · confidence medium
The ALJ is permitted to draw inferences, logically flowing from the evidence in reaching his findings, Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972), and where the evidence is susceptible of more than one interpretation or is conflicting, the AU’s decision must be upheld.
discussed Cited as authority (rule) Franklin v. Heckler
D.N.J. · 1984 · confidence medium
Reading v. Mathews, 542 F.2d 993, 997 (7th Cir.1976); Jolley v. Weinberger, 537 F.2d 1179, 1181 (4th Cir.1976); Reyes v. Harris, 476 F.2d 910, 914 (D.C.Cir.1973); Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.1972), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1973).
discussed Cited as authority (rule) Winston v. Heckler
D.N.J. · 1984 · confidence medium
Reading v. Mathews, 542 F.2d 993, 997 (7th Cir.1976); Jolley v. Weinberger, 537 F.2d 1179, 1181 (4th Cir.1976); Reyes v. Secretary of Health, Education and Welfare, 476 F.2d 910, 914 (D.C.Cir.1973); Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.1972), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1973).
cited Cited as authority (rule) Scanlon v. Heckler
S.D.N.Y. · 1984 · confidence medium
Rodriguez v. Califano, 431 F.Supp. 421, 423 (S.D.N.Y. 1977); Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972).
cited Cited as authority (rule) Delgado v. Secretary of Health and Human Services
S.D.N.Y. · 1983 · confidence medium
Rodriguez v. Califano, 431 F.Supp. 421, 423 (S.D.N.Y.1977); Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972).
discussed Cited as authority (rule) Lauretta L. Dobbins v. Richard Schweiker, Secretary of Health and Human Services
9th Cir. · 1981 · confidence medium
In Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert, denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972), the standard of review 4 to be applied was stated: On appeal to this court, the findings of the Secretary are conclusive if supported by substantial evidence looking to the record as a whole.
cited Cited as authority (rule) Lugot v. Harris
D. Nev. · 1980 · confidence medium
Beane v. Richardson, 457 F.2d 758, 759 (9th Cir. 1972).
discussed Cited as authority (rule) Sandra L. Milton v. Patricia Roberts Harris, Secretary of Health, Education and Welfare (2×)
7th Cir. · 1980 · confidence medium
Citing Beane v. Richardson, 457 F.2d 758, 759 (9th Cir. 1972), certiorari denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 , and declining to *973 follow Nickol v. United States, 501 F.2d 1389 (10th Cir. 1974), Judge Kirkland stated that a judicial determination of the correctness of an administrative finding (such as the ALJ’s finding here) presents only a question of law and not a question of fact, so that summary judgment was appropriate.
discussed Cited as authority (rule) Rodriguez v. Califano
S.D.N.Y. · 1977 · confidence medium
Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972); Vineyard v. Gardner, 376 F.2d 1012, 1014 (8th Cir. 1967); McHale v. Mathews, 416 F.Supp. 1191, 1192 (S.D.N.Y.1976).
discussed Cited as authority (rule) Daiss v. Secretary of Health, Education & Welfare
D. Neb. · 1974 · confidence medium
In Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972), it was stated: The judicial determination of this administrative finding presents only an issue of law and not a question of fact.
cited Cited "see" Louise Davenport v. Nancy Berryhill
7th Cir. · 2018 · signal: see · confidence high
See Milton v. Harris, 616 F.2d 968, 975 (7th Cir. 1980) (citing Beane v. Richardson, 457 F.2d 758, 759 (9th Cir. 1972)).
cited Cited "see" Louise Davenport v. Nancy Berryhill
7th Cir. · 2018 · signal: see · confidence high
See Milton v. Harris, 616 F.2d 968, 975 (7th Cir. 1980) (citing Beane v. Richardson, 457 F.2d 758, 759 (9th Cir. 1972)).
cited Cited "see" United States v. Standard Oil Company of California, a Corporation
9th Cir. · 1980 · signal: see · confidence high
See Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.) (per curiam), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972); Asuncion v. Dist.
cited Cited "see, e.g." Jose Rivera v. Richard Schweiker, Secretary of the United States Department of Health and Human Services
2d Cir. · 1983 · signal: see also · confidence medium
Id.; see also Beane v. Richardson, 457 F.2d 758, 759 (9th Cir.), cert. denied, 409 U.S. 859 , 93 S.Ct. 144 , 34 L.Ed.2d 105 (1972).
discussed Cited "see, e.g." W. G. Nickol and Eva Rose Nickol, His Wife v. United States of America and Rogers C. B. Morton, Secretary of the Interior (2×)
10th Cir. · 1974 · signal: see also · confidence low
See also Beane v. Richardson, 457 F.2d 758 (9th Cir.); White v. Udall, 404 F.2d 334 (9th Cir.); Henrikson v. Udall, 350 F.2d 949 (9th Cir.); Todaro v. Pederson, 205 F.Supp. 612 (N.D.Ohio 1961), aff'd 305 F.2d 377 (6th Cir.); 6 Moore's Federal Practice P56.17(3), at 2472-73 (1974). 7 The very purpose, however, of such judicial review of agency action is to examine the facts in the record.
discussed Cited "see, e.g." Santos Reyes v. The Secretary of Health, Education and Welfare
D.C. Cir. · 1973 · signal: see also · confidence low
See also, Beane v. Richardson, 457 F.2d 758 (9th Cir. 1972); Flack v. Cohen, 413 F.2d 278 (4th Cir. 1969); Easttam v. Secretary of HEW, 364 F.2d 509 (8th Cir. 1966); Maloney v. Celebrezze, 337 F.2d 231 (3d Cir. 1964); Adams v. Flemming, 276 F.2d 901 (2d Cir. 1960). 5 .
John J. BEANE, Plaintiff-Appellant,
v.
Elliot E. RICHARDSON, as Secretary of Health, Education, and Welfare, Defendant-Appellee
71-2606.
Court of Appeals for the Ninth Circuit.
Apr 6, 1972.
457 F.2d 758
Arthur S. Katz, Jeffrey A. Goldstein, Daniel S. Brunner, Ronald L. Sievers, Legal Aid Foundation, San Pedro, Cal., for plaintiff-appellant., Philip S. Malinsky, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appel-lee.
Hufstedler, Wright, Trask.
Cited by 47 opinions  |  Published
PER CURIAM:

The appellant sustained a fall on March 15, 1967, while working at his occupation as a sailmaker. He filed an application on January 9, 1968, for a period of disability under 42 U.S.C. § 416 (i), and for disability insurance benefits under 42 U.S.C. § 423. His application was denied by the disability examiners and the matter went to hearing. The Hearing Examiner found in favor of appellant but the Appeals Council reviewed, considered some additional evi[*759] dence, and after examining the entire record de novo, concluded the claim did not entitle appellant to benefits. The Appeals Council’s decision thus became the final decision of the Secretary of Health, Education and Welfare and subject to review by the district court. 42 U.S.C. § 405(g). [1]

On appeal to this court, the findings of the Secretary are conclusive if supported by substantial evidence looking to the record as a whole. Harvey v. Richardson, 451 F.2d 589 (9th Cir. (1971), Rhinehart v. Finch, 438 F.2d 920 (9th Cir. 1971). Likewise, the statutory restriction upon our review applies to the inferences drawn from such facts, if they have a substantial basis in the record. Mark v. Celebrezze, 348 F.2d 289 (9th Cir. 1965).

The judicial determination of this administrative finding presents only an issue of law and not a question of fact. Dredge Corporation v. Penny, 338 F.2d 456, 462 (9th Cir. 1964). It is therefore a proper issue to raise by summary judgment.

There appears to be no dispute about the dates for which the appellant would be entitled to a period of disability if in fact a disability existed. The special earnings requirements of 42 U.S.C. § 416(i) were met from a time prior to March 15, 1967, when appellant asserts he became unable to work, and they continued to be met through December 31, 1967. Therefore, in order to establish a right to disability insurance benefits, he must prove that his disability commenced on or before December 31, 1967.

The evidence has been examined in toto. Although some is conflicting, the decision of the Secretary is clearly supported by substantial evidence. Not only is there persuasive medical evidence of no disability during the disability period, but the vocational data shows that appellant worked during the period March 15, 1967 to March 21, 1968. He explains this by asserting that he was in fact unable to perform his duties except for a tolerant supervisor, but during the critical time he had twelve pay periods with overtime.

The judgment is affirmed.

1

. 42 U.S.C. § 405(g) reads in pertinent part:

“Any, individual, after any final decision of the Secretary made after a hearing to which he was a party . . . may obtain a review of such decision by a civil action ... in the district court of the United States. . . . The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing. The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive. . . . ”