(DOWNLOAD) "Abbott V. Sullivan" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free

April 14, 2021

eBook details

Title: Abbott V. Sullivan
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 08, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

The claimant, Eddie W. Abbott, appeals a district court judgment affirming the final decision of the Secretary of Health and Human Services (the Secretary) denying his application for disability insurance benefits, 42 U.S.C. § 401 et seq., and supplemental security income, 42 U.S.C. § 1382 et seq. We find merit in the claimant's argument that the Secretary misapplied the Medical-Vocational Guidelines to direct a finding of "not disabled" despite the presence of a severe nonexertional impairment. In addition, the record reveals that the Secretary has improperly failed to consider Abbott's eligibility for benefits under the listing for mental retardation contained in appendix 1 of the Social Security Administration Regulations (the Regulations). 20 C.F.R. Part 404, Subpt. P, App. 1 § 12.05. Accordingly, we remand to the Secretary for reconsideration of Abbott's claims.