NICKS v. SCHWEIKER

No. 82-1996.

696 F.2d 633 (1983)

Irmgard NICKS, Appellant, v. Richard S. SCHWEIKER, Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 5, 1983.


Attorney(s) appearing for the Case

J. Paul McGrath, Asst. U.S. Atty., Washington, D.C., George W. Proctor, U.S. Atty., Little Rock, Ark., Frank V. Smith, III, Regional Atty., Mary K. Biester, Asst. Regional Atty., U.S. Dept. of Health and Human Services, Dallas, Tex., for appellee.

Burrow & Harlan, Blytheville, Ark., for appellant.

Before HEANEY, ROSS and FAGG, Circuit Judges.


HEANEY, Circuit Judge.

Appellant Irmgard Nicks appeals from the district court's judgment affirming the Secretary of Health and Human Services's final decision denying the appellant disability benefits. Because the administrative law judge failed to shift the burden of proof to the Secretary as is required and relied solely on the application of the Medical-Vocational Guidelines in a case in which there was significant evidence of a nonexertional impairment, we reverse...

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