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Larry Marshall v. Richard S. Schweiker, Secretary, Health & Human Services

Larry MARSHALL, Appellant, v. Richard S. SCHWEIKER, Secretary, Health & Human Services, Appellee

Marshall v. Schweiker, 688 F.2d 55 (8th Cir. 1982)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
September 8, 1982
Docket
No. 82-1434
Judges
Ross, McMillian, Davies
Citations
688 F.2d 551982 U.S. App. LEXIS 25828

Opinion — Per Curiam

PER CURIAM.

Appellant Larry Marshall’s claim for social security disability benefits was denied by the Secretary of Health and Human Services. The district court 1

affirmed, finding that the Secretary’s decision was based on substantial evidence.

Marshall v, Schweiker, No. LR-C-81-297 (E.D.Ark.March 30, 1982). We agree.

Our ability to review the record in this case was limited by the fact that several pages of medical records were illegible. In some circumstances this may be cause for remand.

Cutler v. Weinberger, 516 F.2d 1282, 1285 (2d Cir. 1975). Here, however, there is more than enough evidence to support the Secretary’s decision and no indication that the illegible records would aid the appellant.

2

We therefore affirm on the grounds stated in the district court opinion pursuant to 8th Cir. R. 14.

1

. The Honorable William R. Overton, United States District Judge for the Eastern District of Arkansas.

2

. Because of the importance of a complete record to proper review of social security benefits cases, we urge that those responsible for assembling and duplicating the records take particular care in order to speed consideration of these cases and to prevent remands.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1984: 21985: 11988: 11989: 11995: 12002: 12014: 119842026peak 1984 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Cutler v. Weinberger, 516 F.2d 1282 (2d Cir. 1975) 228

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