NETTLES v. SCHWEIKER

No. 82-2127.

714 F.2d 833 (1983)

Glenville J. NETTLES, Appellant, v. Richard S. SCHWEIKER, Secretary of Health & Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 18, 1983.


Attorney(s) appearing for the Case

Murrey L. Grider, Pocahontas, Ark., for appellant.

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

Before ROSS and McMILLIAN, Circuit Judges, and COLLINSON, District Judge.


ROSS, Circuit Judge.

Glenville Nettles appeals from the district court's1 entry of summary judgment affirming the Secretary of Health and Human Services' final decision denying disability benefits. Because the administrative law judge failed to shift the burden of proof to the Secretary as required in the present case, and applied the Medical-Vocational Guidelines to determine disability without adequately considering appellant's evidence...

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