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WARNER v. CALIFANO

No. 79-1567.

623 F.2d 531 (1980)

Ruth WARNER, Appellant, v. Joseph A. CALIFANO, Jr., Secretary, Health, Education and Welfare, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 18, 1980.

Attorney(s) appearing for the Case

Richard Jarboe, Ponder & Jarboe, Walnut Ridge, Ark., for appellant.

Verrell L. Dethloff, Jr., Atty., Dept. of Health, Education and Welfare, Baltimore, Md., argued, for appellee; Andrew E. Wakshul, Baltimore, Md., Alice Daniel, Acting Asst. Atty. Gen., Washington, D. C., William H. Dillahunty (former U. S. Atty.), and Richard M. Pence, Jr., Asst. U. S. Atty., Little Rock, Ark., on brief.

Before LAY, Chief Judge, and BRIGHT and HENLEY, Circuit Judges.

LAY, Chief Judge.

The district court granted summary judgment in favor of the Secretary of Health, Education and Welfare, upholding his denial of social security benefits to Ruth Warner. Claimant appeals from the judgment of the district court. We reverse and remand to the Secretary for further hearing.

Ruth Warner suffers from osteoporosis and osteoarthritis. At the time of the administrative law judge's (ALJ) decision she had not engaged in gainful employment...

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