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McCOY v. SCHWEIKER

Nos. 81-1629, 81-1667 and 81-1756.

683 F.2d 1138 (1982)

Loyce McCOY, Appellee, v. Richard S. SCHWEIKER, Appellant. Clifford M. STACK, Appellee, v. Richard S. SCHWEIKER, Appellant. James D. DESEDARE, Appellee, v. Richard S. SCHWEIKER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 21, 1982.

Attorney(s) appearing for the Case

Donald W. Lingo, Lingo & Johnson, Texarkana, Ark., for appellee McCoy.

J. L. Whaley, Legal Service of Eastern Missouri, Inc., St. Louis, Mo., amicus curiae.

J. Paul McGrath, Asst. Atty. Gen., Stuart E. Schiffer, Acting Asst. Atty. Gen., Robert S. Greenspan, Frederick Geilfuss, Attys., Civ. Div., Dept. of Justice, Washington, D. C., for appellant; Randolph W. Gaines, Chief of Litigation, Andrew E. Wakshul, Atty., Dept. of Health and Human Services, Baltimore, Md., of counsel.

Dan T. McGrevey, Fort Dodge, Iowa, for appellees.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, STEPHENSON, HENLEY, McMILLIAN and ARNOLD, Circuit Judges,

ARNOLD, Circuit Judge.

In each of these three social-security cases the Secretary of Health and Human Services found that the claimants were not currently engaged in substantial gainful activity, that they were suffering from a severe physical impairment significantly limiting their ability to carry out basic work activities, that the impairments involved were not among those specifically listed in Appendix 1 to Subpart P of Part 404, 20 C.F.R. §§ 404.1501...

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