Legal Opinion

Floyd F. Cavitt v. Richard S. Schweiker, Secretary of the Department of Health and Human Services

Court of Appeals for the Tenth Circuit

Decided April 12, 1983No. 82-1411PublishedCited by 23 opinions

1Opinion of the Court

McWILLIAMS, Circuit Judge.

This is an appeal from a district court judgment upholding the Secretary of Health and Human Services’ denial of disability insurance benefits to Floyd F. Cavitt. 1 Jurisdiction is based on 42 U.S.C. § 405(g) and 28 U.S.C. § 1291. We reverse.

1. Background

To ensure uniformity in adjudication of claims for disability benefits, the Secretary has since 1979 employed a systematized sequential evaluation scheme to determine whether claimants are disabled. The scheme is set forth in 20 C.F.R. § 404.1520 (1982). 2

Progressing through the steps of the scheme, the Secretary…

2Cases cited10 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Curtis H. Smith, Agu-Fj-Nqfa v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1981
  3. Emett D. Simmons, Sr. v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1979
  4. Carl B. Cagle v. Joseph Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1981
  5. Gomesindo R. Perez v. Richard S. Schweiker, Secretary, Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1981

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3Cited by23 opinions

  1. Sharon N. RAGLAND, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1993
  2. Channel v. HecklerCourt of Appeals for the Tenth Circuit · 1984
  3. Patricia Wages v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1985
  4. Betty F. ROUSEY, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1985
  5. Audette KEMP, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1987

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