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SINGLETARY v. SECRETARY OF HEALTH, ED., ETC.

No. 970, Docket 80-6009.

623 F.2d 217 (1980)

Nathaniel SINGLETARY, Plaintiff-Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 13, 1980.

Attorney(s) appearing for the Case

David Goldfarb, The Legal Aid Soc., New York City (Stuart Miller, New York City, of counsel), for plaintiff-appellant.

William M. Tendy, U.S. Atty., S. D. New York, New York City (Thomas H. Belote, Peter C. Salerno, New York City, of counsel), for defendant-appellee.

Before KAUFMAN and MESKILL, Chief Judges, and BRIEANT, District Judge.

BRIEANT, District Judge.

We reverse the judgment below and remand to the Secretary for further proceedings consistent with this opinion.

Nathaniel Singletary appeals from a judgment of the district court affirming on the administrative record, the Secretary's denial of disability benefits based on a finding that Singletary was not "disabled" within the meaning of 42 U.S.C. § 423(d)(1) on or before March 31, 1974...

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