Minor v. Astrue, No. 08-3375
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.
Appeal from the United States District Court for the Eastern District of Missouri.
Submitted: April 15, 2009
Filed: July 29, 2009
Before MURPHY, BRIGHT, and BYE, Circuit Judges.
Opinion by BRIGHT, Circuit Judge.