BURKHALTER v. SCHWEIKER

No. 82-2201.

711 F.2d 841 (1983)

Viola BURKHALTER, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1983.


Attorney(s) appearing for the Case

Thomas & Nussbaum, P.A., Little Rock, 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., Mary K. Biester, Asst. Regional Atty., U.S. Dept. of Health and Human Services, Dallas, Tex., for appellee.

Before BRIGHT, ROSS and JOHN R. GIBSON, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Viola Burkhalter was denied1 disability benefits and supplemental income because she had a part-time job. The sole issue for our decision is whether the part-time work that Burkhalter engaged in after applying for disability benefits constitutes substantial gainful activity. We conclude that it does, and therefore affirm the Secretary's decision to deny benefits.

Burkhalter applied for disability...

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