BURTON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 89-3283.

893 F.2d 821 (1990)

Aileen BURTON, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1990.


Attorney(s) appearing for the Case

Philip E. Fay (argued), Greenup, Ky., for plaintiff-appellee.

Edward P. Studzinski, Michael E. Kerpan (argued), Dept. of Health and Human Services, Office of the General Counsel, Region V, Chicago, Ill., Joseph E. Kane, Asst. U.S. Atty., Columbus, Ohio, for defendant-appellant.

Before MERRITT, Chief Judge; KENNEDY, Circuit Judge; and McRAE, Senior District Judge.


MERRITT, Chief Judge.

This is an appeal from the District Court's judgment reversing the Secretary's denial of claimant's application for disability benefits under the Social Security Act, 42 U.S.C. §§ 301 et seq. For the reasons stated below, we reverse.

I.

The claimant, Aileen Burton, worked for 16 years as a salesperson-cashier in clothing stores. She has an eighth grade education. At...

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