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WAGES v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 84-5473.

755 F.2d 495 (1985)

Patricia WAGES, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 21, 1985.

Attorney(s) appearing for the Case

William B. Mains (argued), Northeast Kentucky Legal Services, Inc., Morehead, Ky., for plaintiff-appellant.

Louis De Falaise, U.S. Atty., Karl L. Anderson, Asst. U.S. Atty., Lexington, Ky., Paula L. Kocher (argued), Asst. Regional Atty., U.S. Dept. of H.H.S., Atlanta, Ga., for defendant-appellee.

Before LIVELY, Chief Judge, MARTIN and JONES, Circuit Judges.

PER CURIAM.

This case presents the issue of whether a claimant of social security disability benefits who cannot sit or stand for prolonged periods of time, but must alternate between sitting and standing as required for comfort, is capable of performing "sedentary" work as defined by 20 C.F.R. § 404.1567(a) (1984). Answering this question in the negative, we reverse and remand this case for an award of benefits.

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