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NEAL FOR PUMPHREY v. BOWEN

No. 86-1696.

828 F.2d 1027 (1987)

Rosalea NEAL, Substitute Party for Dixie PUMPHREY, deceased, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 11, 1987.

Attorney(s) appearing for the Case

Deborah K. Garton (Hensley, Muth, Garton & Hayes, on brief), for plaintiff-appellant.

Anita D. Eve, Office of the Gen. Counsel, Dept. of Health & Human Services (Beverly Dennis, III, Chief Counsel, Region III, Charlotte Hardnett, Supervisory Asst., Regional Counsel, Marc R. Schwartz, Asst. Regional Counsel, William A. Kolibash, U.S. Atty., Betsy C. Steinfeld, Asst. U.S. Atty., on brief), for defendant-appellee.

Before RUSSELL and WIDENER, Circuit Judges, and KISER, District Judge for the Western District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

Rosalea Neal, substitute party for the deceased claimant, Dixie Pumphrey, appeals from the decision of the Secretary to deny disability insurance benefits for the period of June 1978 to October 1983, the time of the claimant's death. We vacate and remand with instructions.

In June 1978, the claimant was diagnosed as suffering from a malignant melanoma on his right back, which was excised shortly thereafter. Subsequently, he experienced...

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