Case summary: Wilkins v. Secretary, Department of Health & Human Services (U.S. Fourth Circuit Court of Appeals 1991)

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United States Court of Appeals,
Fourth Circuit.
Claireather M. WILKINS, Plaintiff-Appellant,
v.
SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.
No. 90-1476.

Argued June 4, 1991.
Decided Dec. 17, 1991.

Charles H. Cuthbert Jr. of Cuthbert Law Offices in Petersburg, Va. was successful for his client in this appeal involving a claim for Social Security disability benefits. The U.S. Fourth Circuit ruled en banc (that is, the entire court participating) that an Administrative Law Judge had erred in concluding that Claireather M. Wilkins was not entitled to disability insurance benefits. In deciding the appeal in Ms. Wilkins’ favor the court stated: “[W]e conclude that the ALJ’s finding that Wilkins’ disability did not begin until March 28, 1987 is not supported by substantial evidence.” That finding was crucial to collecting disability insurance because Wilkins’ disability insured status ended on December 31, 1986.  An en banc decision of the Fourth Circuit Court of Appeals is highly unusual.  This decision, handed down in 1991, is the last en banc decision that the Fourth Circuit has issued in a Social Security disability case.

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