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ESTRAN v. HECKLER

No. 83-1874.

745 F.2d 340 (1984)

Maria J. ESTRAN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 1, 1984.

Attorney(s) appearing for the Case

Vernon Lewis, Staff Atty., West Texas Legal Services, San Angelo, Tex., for plaintiff-appellant.

James A. Rolfe, U.S. Atty., Mark D. McBride, Asst. U.S. Atty., Lubbock, Tex., Joseph S. Friedman, Atty., Dept. of Health & Human Services, Baltimore, Md., for defendant-appellee.

Before RUBIN, JOLLY, and DAVIS, Circuit Judges.

ON PETITION FOR REHEARING

(Unpublished Opinion — June 22, 1984)

PER CURIAM:

On application for rehearing, we conclude that the Administrative Law Judge applied the wrong standard in determining whether Mrs. Estran's ailments constitute severe impairments. Accordingly, we grant rehearing, set aside our prior decision, 736 F.2d 1525 (5th Cir.1984) and remand the case for further proceedings in accordance with the proper legal standard.

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