[Download] "James v. Secretary of Health" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: James v. Secretary of Health
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 28, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Before: EDWARDS, Chief Judge, and PHILLIPS and PECK, Senior Circuit Judges. Order Appellant Lula James seeks Disability Insurance Benefits pursuant to Sections 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 416(i) and 423. Appellant filed an application for disability benefits in 1975, claiming disability as of July 5, 1974. The Secretary of Health, Education and Welfare (Secretary) adopted the recommendation of the Administrative Law Judge (ALJ) denying benefits. The district court remanded the case to the ALJ in order to permit appellant to cross-examine a vocational expert and directed the ALJ to observe the principle of law that the burden of proof that appellant was able to perform gainful activity shifted to the Secretary after appellant had succeeded in establishing her inability to return to her previous employment.