OSBORN v. BOWEN

No. 85-1928.

794 F.2d 385 (1986)

Howard J. OSBORN, Appellant, v. Otis R. BOWEN, Secretary of the United States Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 2, 1986.


Attorney(s) appearing for the Case

Leroy P. Shuster, Lincoln, Neb., for appellant.

Douglas R. Semisch, Omaha, Neb., for appellee.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and HARPER, District Judge.


WOLLMAN, Circuit Judge.

Howard J. Osborn appeals from an order of the district court sustaining the final decision of the Secretary of Health and Human Services denying his application for social security disability benefits. We reverse and remand.

Osborn suffers from chronic obstructive pulmonary disease and cervical spondylosis. The parties agree that Osborn's condition presently renders him disabled. The crucial issue is whether Osborn was disabled on December...

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