Legal Opinion

Odella PRESTON, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Appellee

Court of Appeals for the Fourth Circuit

Decided August 8, 1985No. 84-2178PublishedCited by 87 opinions

1Opinion of the Court

JAMES DICKSON PHILLIPS, Circuit Judge:

Odella Preston appeals the decision of the district court upholding a denial of social security disability benefits. We hold that the district court erred in considering whether the claimant’s failure to comply with her prescribed treatment plan rendered her ineligible for benefits pursuant to 20 C.F.R. § 404.1530. Accordingly, we vacate the judgment of the district court and remand the case for further proceedings.

I

At the time of the hearing before the administrative law judge, the claimant was 58 years old. She had a limited educational background and…

2Cases cited8 opinions

  1. George MONGEUR, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
  2. Vincent Leroy Hephner v. Forest David Mathews, Secretary of Health, Education & WelfareCourt of Appeals for the Sixth Circuit · 1978
  3. William King, the of the Will of Vernie C. Reece v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1979
  4. Owen L. GORDON, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1984
  5. Mazzie TOME, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984

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

3Cited by87 opinions

  1. Brown v. Commissioner Social Security AdministrationCourt of Appeals for the Fourth Circuit · 2017
  2. Tyrone Walls v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Fourth Circuit · 2002
  3. Byrnes v. ShalalaCourt of Appeals for the Ninth Circuit · 1995
  4. Evelyn Grace DAWKINS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1988
  5. Greathel M. LOVEJOY, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1986

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API