Joseph DIORIO, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Opinion of the Court
GODBOLD, Chief Judge:
I. Background
This case concerns the denial of disability insurance benefits to an applicant who claims to suffer severe pain but whose doctors have been unable to identify the source of pain. The district court found substantial evidence to support the Secretary of Health and Human Services’ decision and affirmed the determination of non-disability. We conclude that the administrative law judge applied the wrong legal standard and reverse with instructions to remand to the Secretary.
Diorio, a 64-year-old man with a 7th grade education, had a long work record until 1979.…
2Cases cited9 opinions
- Frank Aubeuf v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1981
- Malcolm M. Gaultney, Jr. v. Caspar Weinberger, Secretary of Health, Education & WelfareCourt of Appeals for the Fifth Circuit · 1974
- Howard Y. Fortenberry v. Patricia Roberts Harris, Secretary of Health and Human ResourcesCourt of Appeals for the Fifth Circuit · 1980
- Willie E. Lofton v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1981
- Rosario v. Secretary of Health & Human ServicesDistrict Court, S.D. New York · 1981
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3Cited by517 opinions
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- David W. TOM, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1985
- Eddie Lee GIBSON, SS# 258-48-9472, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary, of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1986
- Kahle v. Commissioner of Social SecurityDistrict Court, M.D. Florida · 2012
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