Leon B. McLain v. Richard S. Schweiker, Secretary, Department of Health and Human Services

U.S. Court of Appeals, Fourth Circuit · Decided 1983-09-01

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MURNAGHAN, Circuit Judge, concurring: In the conclusion that the matter must be remanded for further consideration by the Secretary of the issue whether there are other jobs in the national economy which McLain could perform, I concur. However, with the prejudgments that, to prevail, the Secretary must adduce (a) “particularized proof” of a capacity to perform other jobs in the national economy and (b) testi…

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