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SHERWIN v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 81-1885.

685 F.2d 1 (1982)

Waldemar P. SHERWIN, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 22, 1982.

Rehearing Denied July 19, 1982.

Attorney(s) appearing for the Case

Richard K. Latimer, with whom Kistin, Babitsky, Latimer, Oppenheim, Kalnins & Beitman, Falmouth, Mass., was on brief, for plaintiff, appellant.

Robert J. Triba, Asst. Regional Atty., Dept. of Health and Human Services, with whom William F. Weld, U. S. Atty., and Ralph A. Child, Asst. U. S. Atty., Boston, Mass., were on brief, for defendant, appellee.

Before PHILLIPS, Senior Circuit Judge, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

The appellant, Waldemar Sherwin, is a 46 year old man with a ninth grade education. In February 1979, when he was 44, Sherwin applied for Social Security disability benefits because of arthritic joint pain and "pericarditis." After a hearing, an Administrative Law Judge denied the claim on the ground that Sherwin was not "disabled" within the meaning of the relevant statute, 42 U.S.C. § 423(d). Sherwin exhausted all internal appeals with...

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