Mary McCall v. Otis R. Bowen, M.D. Secretary of Health and Human Services
Court of Appeals for the Eleventh Circuit
1Per curiam
Mary McCall appeals the district court’s affirmance of the Secretary of Health & Human Service’s decision denying her claim for Supplemental Security Income (SSI) benefits. Because it appears that the plaintiff’s obesity of itself was taken as evidence that she had refused to follow a prescribed course of treatment, and because the Secretary failed to order consultation with a psychiatrist or psychologist in accordance with 42 U.S.C.A. § 421(h), the order of the district court is vacated and the case is remanded to the district court for remand to the Secretary for further proceedings.
In her…
2Cases cited7 opinions
- Charlie Mae SCOTT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
- William C. Epps v. Patricia Roberts Harris, Secretary, Department of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1980
- Annie B. PATTERSON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1986
- Michael L. Johnson v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1986
- James D. Stillwell v. Wilbur J. Cohen, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1969
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3Cited by36 opinions
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- Shernita LUCAS, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of the U.S. Dept. of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
- Audrey HILL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1991
- Graham v. SullivanDistrict Court, D. Kansas · 1992
- Russ v. BarnhartDistrict Court, M.D. Florida · 2005
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