Opinion · Court of Appeals for the Eleventh Circuit

Robert L. GARNER, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Robert L. GARNER, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec’y of Health & Hum. Servs., Defendant-Appellee, 735 F.2d 1291 (11th Cir. 1984)

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1984-07-06
Topic
employee-benefits-and-executive-compensation

PER CURIAM: Garner appealed the district court’s af-firmance of the Secretary’s denial of disability insurance benefits. The sole question on appeal is whether the Secretary erred in treating Garner, age 49 and 10 months at the time of the AU’s determination, as a younger individual (45-49) rather than as a person closely approaching advanced age (50-54). The Secretary asserts that testimony by a vocational expert provides substantial evidence for the ALJ’s finding that claimant is a younger individual. However, the ex *1292 pert’s testimony concerning claimant’s capacity was based on the predicate that Garner was a younger individual. In Broz v.

Citator

UpLaw has not yet analyzed Robert L. GARNER, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee. The absence of a flag is not a finding that it is good law.

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2 opinions