Legal Opinion

Marilyn J. BUCK, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee

Court of Appeals for the Eighth Circuit

Decided September 14, 1989No. 88-2760PublishedCited by 15 opinions

1Opinion of the Court

HANSON, Senior District Judge.

Marilyn Buck appeals from the judgment of the District Court 1 affirming the decision of the Secretary denying her claim for disability benefits. We find that the Secretary erred by relying solely on the use of the Medical-Vocational Guidelines to establish the existence of substantial gainful employment available to the claimant, as claimant suffers nonexertional impairments not contemplated by the Guidelines, and that the Secretary improperly discredited one of the psychological reports. Accordingly, we reverse the decision of the District Court and remand the…

2Cases cited5 opinions

  1. Gavin v. HecklerCourt of Appeals for the Eighth Circuit · 1987
  2. Mary E. THOMPSON, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1988
  3. William R. JACKSON, Appellee, v. Otis R. BOWEN, M.D., AppellantCourt of Appeals for the Eighth Circuit · 1989
  4. Carol Holland v. Margaret Heckler, Secretary of Health and Human Services of the United StatesCourt of Appeals for the Eighth Circuit · 1985
  5. Jimmy ASHER, Appellant, v. Dr. Otis BOWEN, AppelleeCourt of Appeals for the Eighth Circuit · 1988

3Cited by15 opinions

  1. Corkie R. Robinson v. Louis W. Sullivan, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1992
  2. Davis v. CallahanDistrict Court, S.D. Iowa · 1997
  3. Cook v. AstrueDistrict Court, W.D. Missouri · 2009
  4. John Gieseking v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1994
  5. Arthur Doolittle v. Kenneth S. Apfel, Commissioner, Social Security AdministrationCourt of Appeals for the Eighth Circuit · 2001

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