Legal Opinion

Viola Burkhalter v. Richard S. Schweiker, Secretary of Health and Human Services

Court of Appeals for the Eighth Circuit

Decided July 7, 1983No. 82-2201PublishedCited by 29 opinions

1Opinion of the Court

JOHN R. GIBSON,

Circuit Judge.

Viola Burkhalter was denied 1 disability benefits and supplemental income because she had a part-time job. The sole issue for our decision is whether the part-time work that Burkhalter engaged in after applying for disability benefits constitutes substantial gainful activity. We conclude that it does, and therefore affirm the Secretary’s decision to deny benefits.

Burkhalter applied for disability benefits and supplemental security income in May of 1977 alleging that in November of 1976 she became disabled as a result of back problems. The medical evidence of her…

2Cases cited11 opinions

  1. Heckler v. CampbellSupreme Court of the United States · 1983
  2. Batterton v. FrancisSupreme Court of the United States · 1977
  3. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  4. Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. SchweikerCourt of Appeals for the Eighth Circuit · 1982
  5. Herweg v. RaySupreme Court of the United States · 1983

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

3Cited by29 opinions

  1. WRIGHT, Joya, Appellant, v. SULLIVAN, Louis, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1990
  2. Stephen A. Kelley, Jr. v. Kenneth S. Apfel, Commissioner of the Social Security AdministrationCourt of Appeals for the Eleventh Circuit · 1999
  3. Keyes v. SullivanCourt of Appeals for the Ninth Circuit · 1990
  4. James C. COOPER, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Louis W. Sullivan, M.D., AppelleeCourt of Appeals for the Eighth Circuit · 1990
  5. Martha M. BURNETT, Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1985

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

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