Legal Opinion

Harley G. Dotson, Jr. v. Richard S. Schweiker, Secretary of Health and Human Services, United States of America

Court of Appeals for the Fourth Circuit

Decided January 11, 1984No. 83-1167PublishedCited by 66 opinions

1Opinion of the Court

K.K. HALL, Circuit Judge:

Harley G. Dotson, Jr., appeals from an order of the district court, affirming the Secretary’s termination of his social security disability insurance benefits. This termination was based upon the determination by an Administrative Law Judge (ALJ) that Dotson’s disability ceased during May, 1981. Neither the ALJ nor the district court afforded Dotson the advantage of any presumption that as a result of the Secretary’s prior ruling of disability Dotson continued to be disabled. Because we conclude that Dotson was entitled to such a presumption and that the Secretary was…

2Cases cited9 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Federal Power Commission v. Idaho Power Co.Supreme Court of the United States · 1952
  3. Sanford v. KepnerSupreme Court of the United States · 1952
  4. John G. Myers v. Elliot L. Richardson, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1972
  5. Juanita M. Patti v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1982

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3Cited by66 opinions

  1. Karen Lambert v. Andrew SaulCourt of Appeals for the Ninth Circuit · 2020
  2. Alvin R. HARRELL, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
  3. Loza v. ApfelCourt of Appeals for the Fifth Circuit · 2000
  4. David W. CRAWFORD, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1991
  5. Joseph E. LIVELY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1987

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