Legal Opinion
John R. SMITH, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee
Court of Appeals for the Eighth Circuit
Decided January 30, 1995No. 94-1399PublishedCited by 36 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
In this Social Security disability case, John R. Smith appeals the denial of benefits for the period from June 16, 1991, to May 5, 1993, the date on which he was awarded disability benefits under his second application for such benefits. We reverse and remand for an award of benefits.
I
Smith’s first argument is that he qualifies as a worn-out worker under 20 C.F.R. § 404.1562. That rule in pertinent part provides that “[i]f you have only a marginal education and work experience of 35 years [at] arduous unskilled physical labor, and you are ... no longer able to do this…
2Cases cited7 opinions
- Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. SchweikerCourt of Appeals for the Eighth Circuit · 1982
- William R. CAMPBELL, Plaintiff-Appellant, v. Otis BOWEN, Secretary of the Department of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1987
- Alfred MIMMS, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1984
- David W. TOM, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1985
- Charles E. HAJEK, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Johnson v. ShalalaCourt of Appeals for the Ninth Circuit · 1995
- Joseph BURNS, Appellant v. Jo Anne B. BARNHART, Commissioner of the Social Security AdministrationCourt of Appeals for the Third Circuit · 2002
- Marilyn J. Page v. Michael J. Astrue, 1 Commissioner, Social Security AdministrationCourt of Appeals for the Eighth Circuit · 2007
- Carey v. ApfelCourt of Appeals for the Fifth Circuit · 2000
- Patrick W. Donahue v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Seventh Circuit · 2002
31 more not listed; retrieve them via the Exa API.