WOODARD v. SCHWEIKER

No. 81-1382.

668 F.2d 370 (1981)

Elean WOODARD, Appellant, v. Richard SCHWEIKER, Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1981.


Attorney(s) appearing for the Case

Dick Jarboe (argued), Ponder & Jarboe, Walnut Ridge, Ark., for appellant.

Robert Van Norman, Asst. Regional Atty. (argued), Kansas City, Mo., Thomas Martin, Acting Asst. Atty. Gen., Washington, D. C., A. Doug Chavis, Asst. U. S. Atty., Little Rock, Ark., Gabriel L. Imperato, Trial Atty., Dept. of Health and Human Services, Baltimore, Md., for appellee.

Before HEANEY and McMILLIAN, Circuit Judges, and REGAN, Senior District Judge.


HEANEY, Circuit Judge.

Elean Woodard appeals from a district court judgment affirming the decision of the Secretary of Health and Human Services denying Woodard disabled widow's benefits under 42 U.S.C. § 402(e). We reverse and remand for further proceedings.

Woodard is the widow of John D. Woodard, who died fully insured on March 5, 1974. She filed an application for benefits on June 15, 1976, claiming that she was disabled as a result of the residual...

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