United States Eighth Circuit

In a dispute involving an application for disability insurance benefits and Supplemental Security Income payments, district court judgment is reversed where the claimant had since died of lung cancer and thus the ALJ's determination that her complaints regarding her pulmonary condition were not credible should be remanded for further proceedings, including a determination as to whether claimant suffered from lung cancer at the time the ALJ discounted her claims.

Appellate Information

• Decided 07/29/2009
• Published 07/29/2009

Judges

• BRIGHT, Circuit Judge., Before MURPHY, BRIGHT, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Vicki A. Dempsey, Dempsey, Dempsey & Moellring, P.C., Hannibal, MO, argued for appellant.


• For Appellees:
  
• Kevin B. Murphy, Spec. Asst. U.S. Atty., Kansas City, MO, argued (Catherine L. Hanaway, U.S. Atty., St. Louis, MO, on the brief), for appellee; Kristi A. Schmidt, Acting Chief Counsel, Region VII, Soc. Sec. Admin., Kansas City, MO, of counsel.