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SANCHEZ v. SCHWEIKER

No. 80-2355.

656 F.2d 966 (1981)

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

United States Court of Appeals, Fifth Circuit. Unit A.

September 17, 1981.

Attorney(s) appearing for the Case

Bill McKee, Legal Aid Ass'n, San Antonio, Tex., for plaintiff-appellant.

Hugh P. Shovlin, Asst. U.S. Atty., San Antonio, Tex., Gabriel L. Imperato, Social Security Administration, Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before CHARLES CLARK, REAVLEY and WILLIAMS, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

We GRANT the petition for a rehearing of the Secretary of Health and Human Services and VACATE our prior panel opinion. See Sanchez v. Schweiker, 643 F.2d 1128 (5th Cir. 1981).

The issue in this appeal is whether the statutory five month waiting period between the onset of a disability and the entitlement to Social Security disability insurance benefits of a wage earner...

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