Legal Opinion

Marie Landess v. Casper W. Weinberger, Secretary of Health, Education and Welfare

Court of Appeals for the Eighth Circuit

Decided February 12, 1974No. 73-1493PublishedCited by 177 opinions

1Opinion of the Court

LAY, Circuit Judge.

This is an appeal from the district court’s grant of summary judgment in favor of the Secretary of Health, Education and Welfare on the basis that substantial evidence supported the Secretary’s denial for disabled widow’s insurance benefits under 42 U.S.C. §§ 402(e) (1)(B)(ii) and 405(g).

We reverse with directions to the district court to remand the case to the Secretary for further evidentiary proceedings.

The only contested issue is whether the claimant, Marie Landess, is disabled under the Act. Mrs. Landess is 52 years of age and has been a widow since December 26, 1969.…

2Cases cited5 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. May L. Hayes v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1967
  3. Murphy v. GardnerCourt of Appeals for the Eighth Circuit · 1967
  4. Pansy Sellars v. Secretary, Department of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1972
  5. Charles H. Johnson, Sr. v. Elliot L. Richardson, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1973

3Cited by177 opinions

  1. Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. SchweikerCourt of Appeals for the Eighth Circuit · 1982
  2. Geraldine Whitney v. Richard S. Schweiker, Secretary of Health & Human ServicesCourt of Appeals for the Seventh Circuit · 1982
  3. Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  4. Lillie DAVIS, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1993
  5. Jerold H. Nevland v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Eighth Circuit · 2000

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