No. 82-1081.

709 F.2d 999 (1983)

Ernest FLESHMAN, on behalf of Lisa FLESHMAN, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 6, 1983.

Attorney(s) appearing for the Case

Larry K. Banks, Verrell L. Dethloff, Jr., Soc. Sec. Div., DHHS, Baltimore, Md., Katherine S. Gruenheck, Dept. of Justice, Civ. Div., William Kanter, Appellate Staff, Washington, D.C., for defendant-appellant.

Wayne Windle, El Paso, Tex., for plaintiff-appellee.

Before RUBIN and TATE, Circuit Judges, and STAGG, District Judge.

STAGG, District Judge:

This action was brought under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the Secretary of Health and Human Services awarding Lisa Fleshman supplemental security income (hereinafter "SSI") benefits but at a reduced level. The district court reversed the Secretary's decision. For the reasons that follow, we conclude that the district court failed to apply the correct...

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