Jackson v. Heckler, 84-1193
| Decision Date | 11 October 1984 |
| Docket Number | No. 84-1193,84-1193 |
| Citation | 745 F.2d 1326 |
| Parties | , Unempl.Ins.Rep. CCH 15,572 Bobby G. JACKSON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Paul F. McTighe, Jr., Atty., Tulsa, Okl., for plaintiff-appellant.
Charlene M. DeBolt Seifert, Asst. Regional Atty., Dallas, Tex. (Layn R. Phillips, U.S. Atty., and Peter Bernhardt, Asst. U.S. Atty., Tulsa, Okl., and Gayla Fuller, Acting Regional Atty., and Yolanda M. Joosten, Asst. Regional Atty., Dept. of Health and Human Services, Dallas, Tex., on brief), for defendant-appellee.
Linda J. Olson, Legal Aid Society of Metropolitan Denver, Denver, Colo., Daniel M. Taubman, Colorado Coalition of Legal Services Programs, Denver, Colo., and R. Eric Solem, Pikes Peak Legal Services, Colorado Springs, Colo., filed an amicus brief for plaintiffs in Trujillo v. Heckler.
Before HOLLOWAY, Chief Judge, and SETH and SEYMOUR, Circuit Judges.
Appellant appeals from an order of the United States District Court for the Northern District of Oklahoma that affirmed an administrative determination of the Social Security Administration terminating his Social Security disability benefits.
Appellant filed an application for Social Security disability benefits on August 1, 1979, alleging that he became disabled on August 1, 1978, due to dizziness and nerves. An Administrative Law Judge (ALJ) found that appellant became disabled on August 1, 1978, due to passive dependent personality with symptoms of anxiety and depression of a disabling nature. After a scheduled review the Secretary determined that appellant's disability had ceased in May 1982. After a hearing an ALJ found that appellant's entitlement to disability benefits ended effective July 31, 1982. The Appeals Council denied appellant's request for review. Appellant then sought judicial review of the Secretary's final decision, and the district court affirmed the decision of the Secretary.
On April 13, 1984, the Secretary ordered a general suspension of the disability review process "until new disability legislation is enacted and can be effectively implemented." She also ordered the Social Security Administration to continue benefit payments to all individuals who now have claims properly pending at all levels of administrative review as a result of the periodic review process. The Secretary acknowledged that there...
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...Secretary of Health and Human Services, 749 F.2d 357 (6th Cir.1984); Steele v. Heckler, 748 F.2d 492 (8th Cir. 1984); Jackson v. Heckler, 745 F.2d 1326 (10th Cir.1984). However, in cases where the Secretary's prior decision included a determination of whether there has been a medical improv......
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...Cir.1985); Harmon v. Secretary of H.H.S., 749 F.2d 357 (6th Cir.1984); Steele v. Heckler, 748 F.2d 492 (8th Cir.1984); Jackson v. Heckler, 745 F.2d 1326 (10th Cir.1984). Heckler v. Kuehner, et al., ___ U.S. ___, 105 S.Ct. 376, 83 L.Ed.2d 312 (1984), and Heckler v. Lopez, et al., ___ U.S. __......
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Soper v. Heckler, 83-2625
...v. Secretary of Health and Human Services, 749 F.2d 357 (6th Cir.1984); Steele v. Heckler, 748 F.2d 492 (8th Cir.1984); Jackson v. Heckler, 745 F.2d 1326 (10th Cir.1984). One other part of the Reform Act is worth noting in connection with this case. As the facts outlined above illustrate, t......