BRENNER v. SCHWEIKER

No. 82-2370.

711 F.2d 96 (1983)

Bertha M. BRENNER, Appellant, v. Richard SCHWEIKER, Secretary of Department of Health and Human Services of the United States, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 5, 1983.


Attorney(s) appearing for the Case

Evan L. Hultman, U.S. Atty., Robert L. Teig, Asst. U.S. Atty., N.D. Iowa, Cedar Rapids, Iowa, for appellee; Paul P. Cacioppo, Regional Atty., Kenneth J. Cain, Atty., Dept. of Health and Human Services, Kansas City, Mo., of counsel.

John Lansing Brown, Legal Services Corp. of Iowa, Dubuque, Iowa, for appellant.

Before BRIGHT and McMILLIAN, Circuit Judges, and NICHOL, Senior District Judge.


McMILLIAN, Circuit Judge.

Bertha Brenner appeals from a judgment entered in the District Court for the Northern District of Iowa affirming a denial of supplemental security income (SSI) disability benefits by the Secretary of Health and Human Services (Secretary). For the reasons discussed below, we reverse and remand this case.

On June 9, 1980, appellant applied for SSI benefits alleging a disability due to mental retardation. After her claim was denied initially...

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