Legal Opinion
Robert L. Smith v. Richard Schweiker, Secretary of Health and Human Services for the United States
Court of Appeals for the Eleventh Circuit
Decided June 4, 1982No. 81-7453PublishedCited by 103 opinions
1Opinion of the Court
MERRITT, Circuit Judge:
Claimant Smith, 48, appeals his denial of Social Security disability benefits by the Secretary and affirmed by the District Court. He asserts that the decision is not based on substantial evidence, especially in light of prejudice suffered due to his lack of counsel during the hearing before the Administrative Law Judge (ALJ) and the failure of his prehearing notice to adequately inform him of his statutory rights to coun sel. Although we agree that the notice was inadequate and that Smith did not waive his right to counsel, we nevertheless affirm on the grounds that…
2Cases cited7 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Marvia A. Cowart, Ssn Rxz-Lh-Flse v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Eleventh Circuit · 1981
- Carolina Ware v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1981
- Mozelle Clark v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1981
- Juanita Benson v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Edwards v. SullivanCourt of Appeals for the Eleventh Circuit · 1991
- Lamay v. Commissioner of Social SEC.Court of Appeals for the Second Circuit · 2009
- Tammy GRAHAM, Plaintiff-Appellant, v. Kenneth APFEL, Commissioner of Social Security Administration, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1997
- Jimmie L. BROWN, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Health and Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1995
- Edwards v. SullivanCourt of Appeals for the Eleventh Circuit · 1991
98 more not listed; retrieve them via the Exa API.