Legal Opinion

William PIERCY, Appellant, v. Otis R. BOWEN, Secretary of Health & Human Services, Appellee

Court of Appeals for the Eighth Circuit

Decided December 10, 1987No. 87-1770PublishedCited by 46 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

Appellant William Piercy brought this action for disability insurance benefits under the Social Security Act, 42 U.S.C. § 416(i) and § 423. His claim was denied by an Administrative Law Judge, and the District Court upheld that decision. We reverse.

Piercy is a 57-year-old former trust administrator with a history of health problems. In 1949 his phrenic nerve, which controls movement of the diaphragm, was crushed to treat his tuberculosis. As a result, his lungs never developed to adult capacity. In 1981 Piercy suffered a heart attack. This condition is stable with…

2Cases cited4 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Andrew BASINGER, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  3. James E. McMillian v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1983
  4. Billie S. Hancock v. Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1979

3Cited by46 opinions

  1. David SOBANIA, Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, AppelleeCourt of Appeals for the Eighth Circuit · 1989
  2. Louvenia JENKINS, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1988
  3. Kathleen F. EASTER, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1989
  4. John W. RAUTIO, Appellant, v. Otis R. BOWEN, Secretary of United States Department of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1989
  5. Mark A. TURLEY, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1991

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