DOTSON v. SCHWEIKER

No. 83-1167.

719 F.2d 80 (1983)

Harley G. DOTSON, Jr., Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, United States of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1983.

Rehearing Denied January 11, 1984.


Attorney(s) appearing for the Case

James H. Toms, Ervin W. Bazzle, Hendersonville, N.C., Martin L. Saraf, Rutherfordton, N.C., on the brief, for appellant.

Clifford C. Marshall, Asst. U.S. Atty., Asheville, N.C. (Charles R. Brewer, U.S. Atty., Asheville, N.C., Martin L. Saraf, on brief), for appellee.

Before RUSSELL, WIDENER and HALL, Circuit Judges.


K.K. HALL, Circuit Judge:

Harley G. Dotson, Jr., appeals from an order of the district court, affirming the Secretary's termination of his social security disability insurance benefits. This termination was based upon the determination by an Administrative Law Judge (ALJ) that Dotson's disability ceased during May, 1981. Neither the ALJ nor the district court afforded Dotson the advantage of any presumption that as a result of the Secretary's prior ruling of disability...

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