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GARNER v. HECKLER

No. 82-7126 Non-Argument Calendar.

735 F.2d 1291 (1984)

Robert L. GARNER, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 6, 1984.

Attorney(s) appearing for the Case

R. Michael Booker, Birmingham, Ala., for plaintiff-appellant.

Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., Joseph S. Friedman, Soc. Sec. Div., Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before GODBOLD, Chief Judge, RONEY and TJOFLAT, Circuit Judges.

PER CURIAM:

Garner appealed the district court's affirmance of the Secretary's denial of disability insurance benefits. The sole question on appeal is whether the Secretary erred in treating Garner, age 49 and 10 months at the time of the ALJ's determination, as a younger individual (45-49) rather than as a person closely approaching advanced age (50-54).

The Secretary asserts that testimony by a vocational expert provides substantial evidence for the ALJ...

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