757 F.2d 803 (6th Cir. 1985), 83-1745, Sherrill v. Secretary of Health and Human Services

Docket Nº:83-1745.
Citation:757 F.2d 803
Party Name:Eleanor SHERRILL, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.
Case Date:March 27, 1985
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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757 F.2d 803 (6th Cir. 1985)

Eleanor SHERRILL, Plaintiff-Appellant,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

No. 83-1745.

United States Court of Appeals, Sixth Circuit

March 27, 1985

Argued Sept. 19, 1984.

Michael J. Cantor (argued), Shrauger & Dunn, Detroit, Mich., for plaintiff-appellant.

Joan Lesse Lowes, argued, Asst. Regional Atty., Chicago, Ill. (argued), Leonard R. Gilman, U.S. Atty., Pamela J. Thompson, Asst. U.S. Atty., Detroit, Mich., for defendant-appellee.

Before JONES, Circuit Judge, and PECK and BROWN, Senior Circuit Judges.

PER CURIAM.

This case is before the Court upon appellant's appeal from an order of the district court that, on cross-motions for summary judgment, affirmed the Secretary's denial of widow's insurance benefits under 42 U.S.C. Sec. 402(e) (1982). Upon consideration of the issue presented by this appeal, we reverse the district court's order.

Appellant, Eleanor Sherrill, filed three applications for widow's insurance benefits under 42 U.S.C. Sec. 402(e) (1982). All three applications were denied. Sherrill did not seek reconsideration of the first two applications but did seek reconsideration of the third application. Upon reconsideration, however, the third application was denied.

Subsequently, Sherrill requested and received a hearing. At the hearing, the Administrative

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Law Judge (ALJ) heard the testimony of Sherrill and Dr. Benjamin Lewis. The ALJ found that "by a preponderance of the medical evidence [Sherrill had] osteoarthritis and back pain; mild degenerative arthritis of the knees; depression, moderate; hypertension; possible fibrositis syndrome; and multiple other health problems." Primarily because of Dr. Lewis' testimony, the ALJ further found that Sherrill's impairments neither singularly nor in combination, equalled the severity or duration of any impairment described in Subpart P, Appendix 1, Part A of 20 C.F.R. Sec. 12.04 (1984) (List of Impairments). Consequently, the ALJ found that Sherrill was not disabled.

After the ALJ's finding became the Secretary's final decision, Sherrill sought judicial review. In the district court, both Sherrill and the Secretary moved for summary judgment. A magistrate recommended the grant of the Secretary's motion and denial of Sherrill's motion for summary judgment. The magistrate's recommendation was based primarily upon Dr. Lewis' testimony.

Upon receipt of the magistrate's recommendation, the district court reviewed "the file, record, the Magistrate's Report and Recommendation, and [Sherrill's] objections thereto...." After that review, the district court accepted the magistrate's recommendation and, therefore...

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