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McCALL v. BOWEN

No. 87-7291.

846 F.2d 1317 (1988)

Mary McCALL, Plaintiff-Appellant, v. Otis R. BOWEN, M.D. Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 13, 1988.

Attorney(s) appearing for the Case

Lawrence F. Gardella, Legal Services Corp. of Alabama, Inc., Montgomery, Ala., for plaintiff-appellant.

John C. Bell, U.S. Atty., Charles R. Niven, Dvaid L. Allred, Thelma Harmon, Asst. U.S. Attys., Montgomery, Ala., for defendant-appellee.

Before RONEY, Chief Judge, JOHNSON, Circuit Judge, and PECK, Senior Circuit Judge.

PER CURIAM:

Mary McCall appeals the district court's affirmance of the Secretary of Health & Human Service's decision denying her claim for Supplemental Security Income (SSI) benefits. Because it appears that the plaintiff's obesity of itself was taken as evidence that she had refused to follow a prescribed course of treatment, and because the Secretary failed to order consultation with a psychiatrist or psychologist in accordance with 42 U.S.C.A. § 421(h...

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