SIMONSON v. SCHWEIKER

No. 82-1208.

699 F.2d 426 (1983)

Duane N. SIMONSON, Appellant, v. Richard S. SCHWEIKER, Secretary of Health & Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1983.


Attorney(s) appearing for the Case

William M. Fishman, Schermer, Schwappach, Borkon & Ramstead, Ltd., Minneapolis, Minn., for appellant Duane N. Simonson.

James M. Rosenbaum, U.S. Atty., Mary L. Egan, Asst. U.S. Atty., Minneapolis, Minn., for appellee; Donna Morros Weinstein, Regional Atty., James W. Miles, Asst. Regional Atty., Dept. of Health and Human Services, Chicago, Ill., of counsel.

Before HEANEY and ARNOLD, Circuit Judges, and HENLEY, Senior Circuit Judge.


HEANEY, Circuit Judge.

Duane N. Simonson appeals the district court's1 judgment affirming the Secretary of Health and Human Services' (Secretary) final decision denying Simonson Supplemental Security Income and Social Security disability benefits. We reverse and remand for further proceedings because the administrative law judge (ALJ) failed to shift the burden of proof to the Secretary, improperly discounted Simonson's subjective reports...

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