Legal Opinion · Dissent

Nancy E. CLARKE, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee

Court of Appeals for the Eighth Circuit

Decided March 30, 1988No. 87-1599Published

1DissentLarson, Senior District Judge

I respectfully dissent. I cannot agree to affirm the Appeals Council’s decision that this claimant can perform her past work under the circumstances of this case.

In holding the claimant could return to her past work in a greenhouse, the only full time job she has ever held,1 the Appeals Council rejected the opinions of two administrative law judges that the claimant’s exertional capacity is limited to sedentary work, discounted the claimant’s substantial nonexertional impairments based solely on its evaluation of the objective medical evidence, and, in my view, exceeded the scope of the…

2Cases cited14 opinions

  1. Singleton v. WulffSupreme Court of the United States · 1976
  2. 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
  3. Parker v. CorrothersCourt of Appeals for the Eighth Circuit · 1984
  4. Virge Tucker, Jr. v. Margaret Heckler, Secretary, Department of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1985
  5. Little Earth Of The United Tribes, Inc. v. United States Department Of Housing And Urban DevelopmentCourt of Appeals for the Eighth Circuit · 1986

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