LOWERY v. SULLIVAN

No. 91-7527 Non-Argument Calendar.

979 F.2d 835 (1992)

John LOWERY, Plaintiff-Appellant, v. Louis W. SULLIVAN, MD, Sec., Dept. of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 21, 1992.


Attorney(s) appearing for the Case

R. Michael Booker, Birmingham, Ala., for plaintiff-appellant.

E.T. Rolinson, Jr., Asst. U.S. Atty., Mobile, Ala., Mary Ann Sloan, Mack A. Davis, Bruce R. Granger, Elyse Sharfman and Beth Henderson, Office of Gen. Counsel, Atlanta, Ga., for defendant-appellee.

Before FAY, HATCHETT and ANDERSON, Circuit Judges.


HATCHETT, Circuit Judge:

The sole issue in this case is whether substantial evidence supports the Secretary's determination that Lowery's retardation is not a lifelong condition which manifested itself before Lowery reached age twenty-two. Because substantial evidence does not support the determination, we reverse.

BACKGROUND

On July 16, 1987, John Lowery, the appellant, filed an application for supplemental security income benefits. The Secretary...

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