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HIGGINBOTHAM v. CALIFANO

No. 79-1471.

617 F.2d 1058 (1980)

Imogene R. HIGGINBOTHAM, Appellant, v. Joseph A. CALIFANO, Jr., Sec. of Health, Education & Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 25, 1980.

Attorney(s) appearing for the Case

Hazel A. Straub, Charleston, W. Va. (Franklin W. Kern, Charleston, W. Va., on brief), for appellant.

Rebecca A. Betts, Asst. U. S. Atty., Charleston, W. Va. (Robert B. King, U. S. Atty., J. Timothy DiPiero, Asst. U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before BUTZNER and HALL, Circuit Judges, and SHIRLEY B. JONES, District Judge for the District of Maryland, sitting by designation.

BUTZNER, Circuit Judge:

Imogene R. Higginbotham appeals from the district court's summary affirmance of a decision of the Secretary of Health, Education and Welfare denying her claim for disability benefits. The Appeals Council, which considered additional evidence in support of the claim, affirmed without opinion the administrative law judge's decision that Higginbotham was not disabled. We reverse and remand for an award of benefits because the Secretary's decision...

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