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STEPHENS v. SECRETARY OF HEALTH, ED. & WELFARE

No. 79-1026.

603 F.2d 36 (1979)

May V. STEPHENS, Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE of the United States of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1979.

Attorney(s) appearing for the Case

H. K. Westmoreland, Westmoreland & Westmoreland, Fort Smith, Ark., for appellant.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Joseph S. Friedman, Atty., Dept. of H. E. W., Baltimore, Md., and Larry R. McCord, U. S. Atty., Fort Smith, Ark., for appellee.

Before LAY and HEANEY, Circuit Judges, and DEVITT, Chief Judge, United States District Court.

HEANEY, Circuit Judge.

This appeal raises the difficult question of whether May V. Stephens, a fifty-five-year-old female with an eighth grade education, who was a steady and dependable worker until she was injured in 1970, was properly denied disability insurance benefits by the Secretary of Health, Education and Welfare. The difficulty is compounded by the fact that here, as in many other similar cases, the medical testimony in the record is entirely in the form...

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