JENKINS v. SULLIVAN

No. 88-3213.

906 F.2d 107 (1990)

Garland JENKINS, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 2, 1990.


Attorney(s) appearing for the Case

Lee Edward Wilder (Rutter & Montagna, on brief) for plaintiff-appellant.

William Brian Reeser, Asst. Regional Counsel (Beverly Dennis, III, Chief Counsel, Region III); Charlotte Hardnett, Chief, Social Sec. Litigation Div., Office of the Gen. Counsel, Department of Health & Human Services, Henry E. Hudson, U.S. Atty., and Raymond A. Jackson, Asst. U.S. Atty., on brief) for defendant-appellee.

Before WIDENER and WILKINS, Circuit Judges, and TURK, Chief United States District Judge for the Western District of Virginia, sitting by designation.


WIDENER, Circuit Judge:

This case comes to us on appeal for a second time from the district court's affirmance of the Secretary's denial of disability benefits. We vacate and order an award of benefits.

Garland Jenkins, who was 45 years old at the time of his first hearing, was last employed as a laborer at a grain receiving warehouse. Jenkins never completed the first grade and cannot read or write. His work history consists solely of unskilled laboring jobs...

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