Coreen L. SPRAGUE, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

Good Law
812 F.2d 1226·17 Soc. Serv. Rev. 19·1987 U.S. App. LEXIS 3548
United States Court of Appeals for the Ninth CircuitMarch 18, 198785-4198California3,109 words

Opinion

Opinion

Tang, J.

Mrs. Sprague appeals denial of widow's disability benefits contending there was not substantial evidence to support the finding of no disability, that the Secretary did not adequately consider evidence of her mental condition, and that the AU erred in failing to explain why he disregarded the opinions of her treating physician. We reverse.

BACKGROUND

Mr. Sprague, a covered wage earner, died in April 1982. On June 1, 1982, Mrs. Sprague applied for widow’s disability benefits under the Social Security Act. 42 U.S.C. § 402 (e)(1) (1982). The Social Security Administration denied her application first on August 2, 1982 and upon reconsideration on September 20, 1983. After a hearing on March 18, 1983, the AU decided on September 20, 1983 that Mrs. Sprague was not disabled within the meaning of the Act. The Appeals Council denied the claim on February 23, 1984; on appeal the U.S. Magistrate recommended that the AU’s decision be affirmed; the district court adopted that recommendation and upheld the Secretary’s denial of benefits on August 19, 1985. Mrs. Sprague timely appealed.

The evidence consists of reports by two examining physicians and by Mrs. Sprague’s treating physician of 25…

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