Legal Opinion
Jerry R. KAIL, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Ninth Circuit
Decided January 5, 1984No. 83-1865PublishedCited by 345 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
Jerry Kail, the claimant, appeals from summary judgment in favor of the Secretary of Health and Human Services affirming the Secretary’s denial of Kail’s application for Social Security Disability Insurance Benefits and Supplemental Security Income. We reverse and remand, because the Secretary’s finding that claimant is capable of sedentary work is unsupported by substantial evidence, and because the Secretary improperly relied upon Medical-Vocational Guidelines in denying benefits.
FACTS
Claimant was hospitalized in 1976 for a lung infection which was eventually…
2Cases cited9 opinions
- Heckler v. CampbellSupreme Court of the United States · 1983
- James Sample v. Richard Schweiker , Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1982
- Helen Lewin v. Richard S. Schwieker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1981
- Mack Hall, Sr. v. Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1979
- Lloyd Thompson v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by345 opinions
- Kim Van Nguyen v. Shirley S. Chater, Commissioner of the Social Security AdministrationCourt of Appeals for the Ninth Circuit · 1996
- Ellen L. Jones v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1985
- Robert H. DESROSIERS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1988
- Donna J. SWENSON, Widow of Herman J. Swenson, Plaintiff-Appellant, v. Louis W. SULLIVAN, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1989
- James HOWARD, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1986
340 more not listed; retrieve them via the Exa API.