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MYERS v. CALIFANO

No. 78-1628.

611 F.2d 980 (1980)

Edith G. MYERS, Appellant, v. Joseph A. CALIFANO, Jr., Sec. of Health, Education & Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 3, 1980.

Attorney(s) appearing for the Case

Allan N. Karlin, North Central West Virginia Legal Aid Soc., Morgantown, W. Va., and Anna Norton, Third Year Law Student, North Central West Virginia Legal Aid Soc., for appellant.

Thomas A. Dougherty, Jr., Asst. U. S. Atty., Philadelphia, Pa. (Stephen G. Jory, U. S. Atty., Elkins, W. Va., and William D. Wilmoth, Asst. U. S. Atty., Wheeling, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, BUTZNER, Circuit Judge, and EDWARD DUMBAULD, Senior District Judge for the Western District of Pennsylvania, sitting by designation.

BUTZNER, Circuit Judge:

Edith G. Myers, a claimant for Social Security disability benefits, appeals the district court's summary dismissal of her action to review the Secretary's final decision denying her claim. Myers alleges she is disabled by the pain she suffers from arthritis and back problems. She argues that the administrative law judge, whose opinion was adopted by the Appeals Council as the Secretary's final decision, erred in evaluating the evidence of pain...

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