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ROBBINS v. SCHWEIKER

No. 82-2193.

708 F.2d 340 (1983)

Diane ROBBINS, Appellant, v. Richard S. SCHWEIKER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 2, 1983.

Attorney(s) appearing for the Case

Richard L. Slagle, Wootton, Land & Matthews, Hot Springs, Ark., for appellant.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., W. Asa Hutchinson, U.S. Atty., Fort Smith, Ark., Frank V. Smith, III, Regional Atty., Charlene M. Seifert, Asst. Regional Atty., Office of the General Counsel, U.S. Dept. of Health and Human Services, Dallas, Tex., for appellee.

Before BRIGHT, ROSS and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The sole issue for our decision is whether the five month waiting period for entitlement to disability insurance benefits under 42 U.S.C. § 423(a)(1) commences on the day the claimant becomes disabled, or on the first day of the following month. The district court1 held that the waiting period commences on the first day of the month following the month in which the claimant becomes disabled. Accordingly...

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