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PENNER v. SCHWEIKER

No. 82-5337.

701 F.2d 256 (1983)

Herman PENNER, Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided February 28, 1983.

Attorney(s) appearing for the Case

Barry M. Simpson (argued), Brennan, Robins & Daley, Pittsburgh, Pa., for appellant.

David Hyman (argued), Asst. Regional Atty., Diane C. Moskal, Regional Atty., Region III, Dept. of Health and Human Services, Philadelphia, Pa., J. Alan Johnson, U.S. Atty., Anthony M. Mariani, Asst. U.S. Atty., W.D. Pa., Pittsburgh, Pa., for appellee.

Before HUNTER, GARTH, Circuit Judges, and STERN, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

The Secretary of Health and Human Services dismissed Herman Penner's request for a hearing to review the denial of his application for disability insurance benefits. Mr. Penner filed suit in the United States District Court for the Western District of Pennsylvania seeking judicial review of that decision. The district court held that, under section 205(g) of the Social Security Act, 42 U.S.C. §...

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