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PRESTON v. HECKLER

No. 84-2178.

769 F.2d 988 (1985)

Odella PRESTON, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 8, 1985.

Attorney(s) appearing for the Case

Timothy Mering (Robert R. Jenkins, Baltimore, Md., Paul R. Schlitz, Jr., Cockeysville, Md., on brief), for appellant.

Michael F. Moses (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., J. Frederick Motz, U.S. Atty., Baltimore, Md., William Raffel, Washington, D.C., on brief), for appellee.

Before WIDENER and PHILLIPS, Circuit Judges, and HIRAM H. WARD, Chief United States District Judge, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

Odella Preston appeals the decision of the district court upholding a denial of social security disability benefits. We hold that the district court erred in considering whether the claimant's failure to comply with her prescribed treatment plan rendered her ineligible for benefits pursuant to 20 C.F.R. § 404.1530. Accordingly, we vacate the judgment of the district court and remand...

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