Legal Opinion

Irmgard Nicks v. Richard S. Schweiker, Secretary, Department of Health and Human Services

Court of Appeals for the Eighth Circuit

Decided January 5, 1983No. 82-1996PublishedCited by 24 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

Appellant Irmgard Nicks appeals from the district court’s judgment affirming the Secretary of Health and Human Services’s final decision denying the appellant disability benefits. Because the administrative law judge failed to shift the burden of proof to the Secretary as is required and relied solely on the application of the Medical-Vocational Guidelines in a case in which there was significant evidence of a nonexertional impairment, we reverse and remand for further proceedings.

Mrs. Nicks filed an application for Social Security disability benefits on October 14,…

2Cases cited8 opinions

  1. 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
  2. Roger Gagnon v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1981
  3. Geneva Northcutt v. Joseph Califano, Secretary of Health, Education and Welfare of the United StatesCourt of Appeals for the Eighth Circuit · 1978
  4. Virge Tucker, Jr. v. Richard Schweiker, Secretary of the Department of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1982
  5. Charles K. Cole v. Patricia R. Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1981

3 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Charlotte M. O'Leary v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1983
  2. Lorraine Smith v. Otis R. Bowen, Secretary, Department of Health & Human ServicesCourt of Appeals for the D.C. Circuit · 1987
  3. Madelyn Damron v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1985
  4. Felix JELINEK, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1985
  5. Virge Tucker, Jr. v. Margaret Heckler, Secretary, Department of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1985

19 more not listed; retrieve them via the Exa API.

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