(Download) "Demandre v. Califano" by Fifth Circuit United States Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Demandre v. Califano
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 22, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This appeal involves an application for disability insurance benefits by the Secretary of Health, Education and Welfare. The Secretary denied benefits; the District Court reversed. We reverse the District Court. The claimant, Joseph Demandre, filed an application for a period of disability and disability insurance benefits under Title II of the Social Security Act on April 4, 1974, alleging disability due to knee and back trouble dating from June 19, 1973. After agency denials at the initial, reconsideration, and Appeals Council levels, he filed a civil action in the United States District Court for the Eastern District of Louisiana. On October 18, 1976, the District Court remanded the case for further administrative proceedings. An additional hearing was held, and the Appeals Council, on March 24, 1977, again denied the plaintiff's application for benefits. After the case was returned to the District Court, the United States Magistrate recommended that the Secretary's decision be reversed. On June 9, 1978, the District Court adopted the recommendation of the Magistrate, and granted plaintiff's motion for Summary Judgment. The Secretary brought this appeal.