Summary
In Marshall v. Schweiker, 688 F.2d 55, 56 (8th Cir. 1982), the court noted that a remand of a denial of a claim for social security benefits can be based on the appellate court's inability to render a decision in the absence of a complete record.
Summary of this case from Lawrence v. BarnhardOpinion
No. 82-1434.
Submitted September 1, 1982.
Decided September 8, 1982.
J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., George W. Proctor, U.S. Atty., Frank V. Smith, III, Regional Atty., Charlene M. Seifert, Asst. Regional Atty., U.S. Dept. of Health and Human Services, Dallas, Tex., for appellee.
Thomas Nussbaum, P. A., Little Rock, Ark., for appellant.
Appeal from the United States District Court for the Eastern District of Arkansas.
Appellant Larry Marshall's claim for social security disability benefits was denied by the Secretary of Health and Human Services. The district court 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.
The Honorable William R. Overton, United States District Judge for the Eastern District of Arkansas.
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. We therefore affirm on the grounds stated in the district court opinion pursuant to 8th Cir. R. 14.
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.