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FAGNER v. HECKLER

No. 85-1543.

779 F.2d 541 (1985)

Mary L. FAGNER, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 27, 1985.

Attorney(s) appearing for the Case

R.A. Melkonoff, Gorey, Delaney & Melkonoff, Phoenix, Ariz., for plaintiff-appellant.

Joseph Stein, Office of the Regional Attorney, San Francisco, Cal., for defendant-appellee.

Before ANDERSON, FARRIS, and NELSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Mary Fagner (claimant) appeals from the district court's decison granting summary judgment to Margaret Heckler, Secretary of Health & Human Services (Secretary) based on an administrative decision which held that Section 1127 of the Social Security Act, 42 U.S.C. § 1320a-6, applied to claimant. Claimant alleges that the Secretary erroneously used Section 1127 to deny her the full extent of retroactive payments of disability...

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