JOHNSON v. SCHWEIKER

No. 80-5671.

656 F.2d 424 (1981)

Matthew JOHNSON, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1981.


Attorney(s) appearing for the Case

Mark Rose Caldwell, Gorey & Delaney, Phoenix, Ariz., for plaintiff-appellant.

Dennis J. Mulshine, Asst. Reg. Atty., San Francisco, Cal., for defendant-appellee.

Before FARRIS and REINHARDT, Circuit Judges, and STEPHENS, District Judge.


REINHARDT, Circuit Judge.

Matthew Johnson appeals from an order of the district court denying his motion for remand and granting summary judgment to the Secretary of Health and Human Services (Secretary). The Secretary had previously determined that Johnson was not disabled and thus not entitled to Supplemental Security Income benefits (SSI) pursuant to 42 U.S.C. §§ 1381a, 1382c(a)(3). We reverse and remand for consideration of new or additional evidence...

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