Legal Opinion · Dissent

Karen OBERST, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee

Court of Appeals for the Eighth Circuit

Decided September 21, 1993No. 92-2865Published

1DissentHeaney, Senior Circuit Judge

Karen Oberst has not been able to hold a job on a sustained basis in the past, and *251there is not substantial evidence in this record as a whole to support the ALJ’s decision that Oberst could have had a job on a sustained basis from January 1, 1987,1 through September 10, 1990 (the date of the ALJ’s decision). Because there is not substantial evidence to support the Secretary’s decision, we should remand to the Secretary with direction to award Oberst benefits from January 1, 1987, to March 31,1989.2 Alternatively, at the very least, we should direct the Secretary to order further hearings by…

2Cases cited16 opinions

  1. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  2. Dalton BAKER, Appellant, v. Margaret HECKLER, Secretary of Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  3. 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
  4. Connie L. BAKER, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, AppelleeCourt of Appeals for the Eighth Circuit · 1992
  5. James THOMAS, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1991

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