Legal Opinion
Edna KANE, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Fifth Circuit
Decided May 14, 1984No. 83-3542PublishedCited by 159 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The Secretary terminated the social security benefits of a 39-year-old female after a five minute hearing at which the claimant was not represented by counsel. During the hearing, the Administrative Law Judge failed adequately to develop the facts and to inquire into claimant’s complaint that she was unable to work because of her pain, for which there was an objective medical basis. Therefore, we reverse the award of summary judgment in favor of the Secretary of Health and Human Services, and direct that the case be remanded to the Secretary for the fair hearing…
2Cases cited24 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
- Marvia A. Cowart, Ssn Rxz-Lh-Flse v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Eleventh Circuit · 1981
- Mary Strickland v. Patricia Roberts Harris, Secretary of Health and Human ResourcesCourt of Appeals for the Fifth Circuit · 1980
- Carolina Ware v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1981
19 more not listed; retrieve them via the Exa API.
3Cited by159 opinions
- Travis RIPLEY, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1995
- Elbert L. BOWLING, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1994
- Manuel M. Villa v. Louis W. Sullivan, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1990
- Carey v. ApfelCourt of Appeals for the Fifth Circuit · 2000
- Douglas R. Brock v. Shirley S. Chater, Commissioner of Social SecurityCourt of Appeals for the Fifth Circuit · 1996
154 more not listed; retrieve them via the Exa API.