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SWAIM v. CALIFANO

No. 78-1371.

599 F.2d 1309 (1979)

David Walton SWAIM, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 29, 1979.

Attorney(s) appearing for the Case

James C. Gulick, Legal Aid Society of Northwest North Carolina, Inc., Raleigh, N. C., for appellant.

S. Gale Graham, Asst. Regional Atty., Dept. of HEW, Atlanta, Ga. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., H. M. Michaux, Jr., U. S. Atty., Durham, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, Circuit Judge.

WINTER, Circuit Judge:

Plaintiff sought disability benefits under §§ 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 416(i) and 423. While the administrative law judge found that claimant could not return to his former work, the administrative law judge, relying upon the answer to a hypothetical question put to the vocational expert, found that claimant could perform sedentary jobs in the bench...

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