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SMITH v. SCHWEIKER

No. 81-2062.

671 F.2d 789 (1982)

Rose M. SMITH, Appellant, v. Richard SCHWEIKER, Secretary of the Dept. of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided March 5, 1982.

Attorney(s) appearing for the Case

Barry Michael Simpson (argued), Brennan, Robins & Daley, Pittsburgh, Pa., for appellant.

Thomas A. Dougherty, Jr. (argued), Philadelphia, Pa., for Dept. of Health and Human Services.

Before HUNTER and HIGGINBOTHAM, Circuit Judges, and ACKERMAN, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

1. Rose Mary Smith, a widow, applied for disability benefits pursuant to 42 U.S.C. § 402(e)(1)(B)(ii) (1976). The only issue concerning her entitlement to disability benefits is whether her medical condition constitutes a disability within the meaning of the Social Security Act, 42 U.S.C. §§ 423(d)(1)(A), (d)(2)(B) (1976) (the "Act"). The Secretary of the Department of Health and Human...

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