HOWARD v. CALIFANO

No. 78-2824 Summary Calendar.

590 F.2d 137 (1979)

James M. HOWARD, Plaintiff-Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 22, 1979.


Attorney(s) appearing for the Case

William T. Moore, Jr., U. S. Atty., Henry L. Whisenhunt, Jr., Asst. U. S. Atty., Augusta, Ga., Alan M. Grochal, Atty., Dept. of H. E. W., Gen. Counsel, Baltimore, Md., Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for defendant-appellant.

William R. McCracken, Augusta, Ga., for plaintiff-appellee.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.


PER CURIAM.

Plaintiff-appellee James M. Howard originally applied for disability benefits under the Social Security Act (Act) in 1964. Howard's 1964 application was denied, and he sought no administrative review of that denial.

Howard filed a second application in 1976. His 1976 application was also initially denied, but this time Howard requested and was granted a hearing on the application before an administrative law judge (ALJ). The ALJ found that Howard...

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