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KANE v. HECKLER

No. 83-3542.

731 F.2d 1216 (1984)

Edna KANE, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 1984.

Attorney(s) appearing for the Case

David Naccari, N.O. Legal Assistance Corp., New Orleans, La., for plaintiff-appellant.

Eneid A. Francis, W. Glenn Burns, Richard M. Martin, Jr., Asst. U.S. Attys., New Orleans, La., for defendant-appellee.

Before CLARK, Chief Judge, RUBIN and POLITZ, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The Secretary terminated the social security benefits of a 39-year-old female after a five minute hearing at which the claimant was not represented by counsel. During the hearing, the Administrative Law Judge failed adequately to develop the facts and to inquire into claimant's complaint that she was unable to work because of her pain, for which there was an objective medical basis. Therefore, we reverse the award of summary judgment...

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