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COX v. HECKLER

No. 84-2280.

770 F.2d 411 (1985)

Granvil William COX, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1985.

Attorney(s) appearing for the Case

S.S.C. Drake, Lynchburg, Va., (J. Gorman Rosenberger, Jr., Kizer, Phillips & Petty, Lynchburg, Va., on brief) for appellant.

John E. Newton, Jr., Dept. of Health & Human Services, Philadelphia, Pa. (Beverly Dennis, III, Regional Atty., Edith Ho, Asst. Regional Atty. Office of Gen. Counsel, Dept. of Health and Human Services, Philadelphia, Pa., John P. Alderman, U.S. Atty., E. Montgomery Tucker, Asst. U.S. Atty., Roanoke, Va., on brief) for appellee.

Before WIDENER and HALL, Circuit Judges, and KNAPP, Senior District Judge, United States District Court for the Southern District of West Virginia, sitting by designation.

K.K. HALL, Circuit Judge:

Granvil William Cox appeals from the district court's order, affirming the Secretary's denial of social security disability benefits. We find that Cox is entitled to have his claim reconsidered by the Secretary in light of new and material evidence which has become available following the conclusion of the administrative proceedings below. Accordingly, we vacate the judgment of the district court and direct that the case be remanded to the...

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