Legal Opinion

Imogene R. Higginbotham v. Joseph A. Califano, Jr., Sec. Of Health, Education & Welfare

Court of Appeals for the Fourth Circuit

Decided March 25, 1980No. 79-1471PublishedCited by 21 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

Imogene R. Higginbotham appeals from the district court’s summary affirmance of a decision of the Secretary of Health, Education and Welfare denying her claim for disability benefits. The Appeals Council, which considered additional evidence in support of the claim, affirmed without opinion the administrative law judge’s decision that Higginbotham was not disabled. We reverse and remand for an award of benefits because the Secretary’s decision is not supported by substantial evidence.

The evidence disclosed the following facts. Higginbotham is 49 years old. She has an…

2Cases cited2 opinions

  1. Doris A. Taylor v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1975
  2. Lucille F. Thorne v. Caspar W. Weinberger, as Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1976

3Cited by21 opinions

  1. Sidney MILLNER, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1984
  2. Una Mae HICKS, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1985
  3. Roy HARPER, Jr., Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Fourth Circuit · 1988
  4. McMillen v. Secretary of Health & Human ServicesDistrict Court, N.D. West Virginia · 1980
  5. Wander v. SchweikerDistrict Court, D. Maryland · 1981

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