SMITH v. SCHWEIKER

No. 85-2049.

795 F.2d 343 (1986)

Arnita SMITH, Appellant, v. Richard S. SCHWEIKER, Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 2, 1986.


Attorney(s) appearing for the Case

Leah J. Seaton (Susan D. Shubin, Administrative Law Center, Legal Aid Bureau, Inc., on brief), for appellant.

Donald H. Romano, Dept. of Health and Human Services (Catherine C. Blake, U.S. Atty., Randolph W. Gaines, Deputy Asst. General Counsel for Litigation, A. George Lowe, Chief, Disability Litigation Branch, Nellie A. Hutt, on brief), for appellee.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.


CHAPMAN, Circuit Judge:

This case presents the single issue of whether there is substantial evidence to support the Secretary's determination that the claimant, Arnita Smith, is not disabled as defined by the Social Security Act and thus not entitled to disabled widow's insurance benefits. Finding substantial evidence, the district court granted summary judgment for the Secretary. Smith appeals, arguing that the Secretary erred by placing undue reliance on the opinion...

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