HOUSTON v. SULLIVAN

No. 89-3204 Summary Calendar.

895 F.2d 1012 (1989)

John Henry HOUSTON, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 16, 1989.


Attorney(s) appearing for the Case

Aubrey E. Pate, Slidell, La., for plaintiff-appellant.

Marguerite Lokey, Asst. Reg. Counsel, Office of Gen. Counsel, U.S. Dept. of H.H.S., Dallas, TX. Rodney A. Johnson, U.S. Dept. of H.H.S., Dallas, Tex., John P. Volz, U.S. Atty., New Orleans, La., for defendant-appellee.

Before HIGGINBOTHAM, DAVIS, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Claiming disability because of a lung disease (silicotuberculosis), John Henry Houston sought social security benefits, which were denied by an administrative law judge (ALJ). On review of the ALJ's decision, the Appeals Council then remanded the case to the ALJ, who again denied benefits. The Appeals Council then confirmed the ALJ's decision. On review, the district court accepted the determination of the Appeals Council and granted...

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