Legal Opinion

Neva SPELLMAN, Plaintiff-Appellant, v. Donna E. SHALALA, M.D., Secretary of Health and Human Services, Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided September 13, 1993No. 91-7390PublishedCited by 259 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Neva Spellman appeals the district court’s order granting summary judgment for the Secretary of Health and Human Services (“Secretary”). Spellman argues that the Secretary erred in determining the onset date of her disability and failed to give proper weight to her treating physician’s opinion that she was incapable of performing sedentary work. Because the Secretary failed to determine properly the onset date of Spell-man’s disability, we affirm the district court’s judgment in part and reverse and remand in part.

I

Spellman is a sixty-nine year old woman with a…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Richardson v. PeralesSupreme Court of the United States · 1971
  4. Manuel M. Villa v. Louis W. Sullivan, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1990
  5. Curtis SELDERS, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1990

16 more not listed; retrieve them via the Exa API.

3Cited by259 opinions

  1. Newton v. ApfelCourt of Appeals for the Fifth Circuit · 2000
  2. Travis RIPLEY, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1995
  3. Janice Newell v. Commissioner of Social SecurityCourt of Appeals for the Third Circuit · 2003
  4. Loza v. ApfelCourt of Appeals for the Fifth Circuit · 2000
  5. Myers v. ApfelCourt of Appeals for the Fifth Circuit · 2001

254 more not listed; retrieve them via the Exa API.

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