Legal Opinion

Roscoe Simms v. Louis W. Sullivan, Secretary, Department of Health and Human Services

Court of Appeals for the D.C. Circuit

Decided June 27, 1989No. 88-5198PublishedCited by 101 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Roscoe C. Simms challenges a district court order, granting summary judgment to the Secretary of Health and Human Services, who denied Simms’s application for disability benefits under the Social Security Act. We conclude that the Secre tary failed adequately to develop the record concerning appellant’s disability claim. Accordingly, we remand the matter to the Secretary for further proceedings.

I. Background

Appellant is 40 years old and has an eleventh grade education. In 1964, he lost his left arm below…

2Cases cited5 opinions

  1. Owen L. GORDON, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1984
  2. Edward Stewart v. Secretary of Health, Education and Welfare of the United StatesCourt of Appeals for the Third Circuit · 1983
  3. Valere Poulin v. Otis R. Bowen, Secretary, United States Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1987
  4. Rose E. Brown v. Otis R. Bowen, Secretary, Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1986
  5. Raymond F. Diabo, Jr. v. Secretary of Health, Education and Welfare Two CasesCourt of Appeals for the D.C. Circuit · 1980

3Cited by101 opinions

  1. Butler, Joan S. v. Barnhart, Jo Anne B.Court of Appeals for the D.C. Circuit · 2004
  2. Turner v. AstrueDistrict Court, District of Columbia · 2013
  3. Lane-Rauth v. BarnhartDistrict Court, District of Columbia · 2006
  4. Margaret Williams v. Donna E. Shalala, Secretary, United States Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1993
  5. Jones v. AstrueCourt of Appeals for the D.C. Circuit · 2011

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