(DOWNLOAD) "Thorne v. Califano" by Eighth Circuit United States Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Thorne v. Califano
- Author : Eighth Circuit United States Court of Appeals
- Release Date : January 17, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Wilma I. Thorne appeals from the district court's grant of summary judgment in favor of the Secretary of Health, Education and Welfare denying her disability benefits under 42 U.S.C. §Â§ 416(i), 423. After reviewing the record we conclude that the decision of the Secretary is not supported by substantial evidence. We therefore reverse and remand the proceeding for further consideration in light of our opinion. Mrs. Thorne is a 59 year old woman with a 10th grade education. She has been employed 21 of the past 28 years as either a nurses' aide or as a production line worker. Mrs. Thorne suffers from hypertension, diabetes and severe osteoarthritis of the spine. On March 30, 1977 Mrs. Thorne filed an application for disability benefits claiming that she had been unable to work since May of 1975 because of severe back pain.1 After a hearing, at which she was represented by counsel, the administrative law judge (ALJ) denied her request for benefits, finding that although she may have been precluded from doing her usual work there was evidence that she could engage in sedentary work. The Secretary affirmed the denial. Upon review the district court also affirmed, holding that there was no substantial evidence on the record as a whole that the claimant was disabled.
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