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SMITH v. SCHWEIKER

No. 81-7453.

677 F.2d 826 (1982)

Robert L. SMITH, Plaintiff-Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services for the United States, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied July 30, 1982.

Attorney(s) appearing for the Case

Sullins & Robins, Thomas A. Robins, Huntsville, Ala., for plaintiff-appellant.

Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., for defendant-appellee.

Before GODBOLD, Chief Judge, MERRITT and HENDERSON, Circuit Judges.

MERRITT, Circuit Judge:

Claimant Smith, 48, appeals his denial of Social Security disability benefits by the Secretary and affirmed by the District Court. He asserts that the decision is not based on substantial evidence, especially in light of prejudice suffered due to his lack of counsel during the hearing before the Administrative Law Judge (ALJ) and the failure of his prehearing notice to adequately inform him of his statutory rights to counsel.

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