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eBook details

• Title: Charlotte Western v. Harris
• Author : Fifth Circuit. Unit A United States Court of Appeals
• Release Date : January 09, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Charlotte Western appeals from the judgment of the district court affirming the denial of her claim for disability and supplemental security income benefits by the Secretary of Health and Human Services. Western appealed the Secretary's decision to the district court under 42 U.S.C. §§ 405(g) and 1383(c)(3), contending that it was not supported by substantial evidence. The district court granted the Secretary's motion for summary judgment and dismissed the complaint. In this appeal, Western contends that there was insufficient evidence to support the finding that she could perform sedentary work; we agree and therefore reverse the judgment of the district court. I. The Claimant's Injuries The claimant, now 35 years old, was involved in a serious automobile accident on March 2, 1969, in which four people, including her husband, were killed. She suffered a fractured skull, multiple fractures of her left leg and right ankle, several fractured ribs, fractured arms, and a punctured lung. As the district court acknowledged, Western ""has never fully recovered from her accident.""1 Her right ankle and foot are permanently dislocated, she has early degenerative arthritis of her right foot, a metal plate remains in her left leg, and she suffers from a thoracic outlet syndrome which causes pain in her back and neck. The back pain and the malpositioned ankle and foot, which prevent her from sitting for sustained periods, climbing stairs or ladders, remaining on her feet or walking any considerable amount, appear to be her most disabling injuries. In addition, Western suffers from several ailments not directly related to the 1969 accident.2

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