SMITH v. HECKLER

No. 83-1908.

735 F.2d 312 (1984)

Michael Edwin SMITH, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1984.


Attorney(s) appearing for the Case

Robert G. Ulrich, U.S. Atty., F.O. Griffin, Jr., Asst. U.S. Atty., W.D. Mo., Kansas City, Mo., for defendant-appellee; Paul P. Cacioppo, Regional Atty., D. Samuel Borin, Asst. Regional Atty., Department of Health and Human Services, Kansas City, Mo., of counsel.

James Marshall Smith, Legal Aid of Western Mo., Kansas City, Mo., for plaintiff-appellant.

Before McMILLIAN, JOHN R. GIBSON, and BOWMAN, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Michael Edwin Smith was denied Social Security disability benefits because the administrative law judge concluded that Smith's mental retardation, coupled with eye problems, ulcers, and back strain, did not constitute a "severe" impairment and that consequently Smith was not disabled under 42 U.S.C. §§ 423 & 1382c (1976 & Supp. V 1981). The Appeals Council denied review of the ALJ's decision, thus making it the final...

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