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DELGADO v. HECKLER

No. 82-6000.

722 F.2d 570 (1983)

Tomas DELGADO, Plaintiff-Appellant, v. Margaret H. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1983.

Attorney(s) appearing for the Case

Lew Hollman, Pacioma, Cal., for plaintiff-appellant.

Michael R. Power, Asst. Regional Atty., San Francisco, Cal., for defendant-appellee.

Before BROWNING, CHOY and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

The Department of Health and Human Services ("HHS") denied Tomas Delgado's application for Supplemental Security Income ("SSI") on the ground that he did not suffer from a "severe" impairment. Under recently adopted HHS regulations, such a determination automatically results in a denial of disability benefits. Delgado challenges the application of the regulations to the facts of his case. He also challenges the validity of the nonseverity...

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