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KAIL v. HECKLER

No. 83-1865.

722 F.2d 1496 (1984)

Jerry R. KAIL, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 5, 1984.

Attorney(s) appearing for the Case

Gove L. Allen, Mesa, Ariz., for plaintiff-appellant.

Gary L. Floerchinger, Asst. Regional Atty., San Francisco, Cal., for defendant-appellee.

Before DUNIWAY, Senior Circuit Judge, and ALARCON and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

Jerry Kail, the claimant, appeals from summary judgment in favor of the Secretary of Health and Human Services affirming the Secretary's denial of Kail's application for Social Security Disability Insurance Benefits and Supplemental Security Income. We reverse and remand, because the Secretary's finding that claimant is capable of sedentary work is unsupported by substantial evidence, and because the Secretary improperly relied upon Medical...

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