Legal Opinion

James E. McMillian v. Richard S. Schweiker, Secretary of Health and Human Services

Court of Appeals for the Eighth Circuit

Decided January 5, 1983No. 82-1247PublishedCited by 120 opinions

1Opinion of the Court

FLOYD R. GIBSON, Senior Circuit Judge.

James E. McMillian seeks review of the district court’s order affirming the final decision of the Secretary of Health and Human Services denying McMillian’s claim for a period of disability and disability insurance benefits under Sections 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 416(i) and 423 (1976). The Administrative Law Judge (ALJ) denied McMillian’s claim and the Secretary affirmed this ruling. McMillian thereafter sought review before the district court. The district court, on review of a magistrate’s recommendation that substantial…

2Cases cited8 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Hubert Brand v. Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1980
  4. Emil C. Timmerman v. Caspar Weinberger, Secretary of H.E.W., Kenneth Marks v. Caspar Weinberger, Secretary of H.E.W.Court of Appeals for the Eighth Circuit · 1975
  5. Marvin A. Yawitz v. Caspar W. WeinbergerCourt of Appeals for the Eighth Circuit · 1974

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3Cited by120 opinions

  1. Andrew BASINGER, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  2. Lillian THOMAS, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1989
  3. Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
  4. Charlotte M. O'Leary v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1983
  5. Darrell E. NELSON, Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1992

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