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Epps v. Harris

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eBook details

  • Title: Epps v. Harris
  • Author : Fifth Circuit United States Court Of Appeals
  • Release Date : January 25, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Fifty-two-year-old William C. Epps has been diagnosed by several physicians as suffering from, among other ailments, diabetes myelitis, gout, osteoarthritis and degenerative disc disease of the lumbar and cervical spine, obesity, costochondritis (chest wall pain), and hypertension. After serving in the military for 22 years, working during his last ten years in the air force first as a mechanical engineer and then as a supervisor of mechanical operations and records clerk, Epps was retired on September 11, 1974, for medical disability.1 On October 1, 1975, Epps expressed an intent to file a claim for disability benefits provided under Title II of the Social Security Act, 42 U.S.C. ร‚§ร‚§ 401-432 (1976) (hereinafter the Act), and on October 9, 1975, pursuant to 42 U.S.C. ร‚§ร‚§ 416(i), 423, he filed a formal application for disability insurance payments for a period beginning March 27, 1974, when he was 46. Epps claimed that he had been continually disabled from that date because of hypertension, degenerative arthritis, diabetes, and a variety of other illnesses. The Social Security Administration (""SSA"") determined that Epps satisfied the threshold work and age requirements of the Act2 and, pursuant to standard procedures, see id. ร‚§ 421, submitted the question of whether he was ""disabled"" within the meaning of the Act to the Florida Department of Health, Bureau of Disability Determination. The state agency ruled that Epps was not disabled, and the SSA therefore denied his claim for disability benefits. Upon Epps' request for reconsideration, the Department of Health, Education and Welfare adhered to the decision that Epps did not meet the Act's disability criterion and was not entitled to insurance payments and notified him of this determination on December 15, 1975.


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