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BIXLER v. SECRETARY OF HEALTH & HUMAN SERVICES

No. Civ-85-353C.

634 F.Supp. 817 (1986)

Shirley R. BIXLER, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, W.D. New York.

May 8, 1986.

Attorney(s) appearing for the Case

State University of New York at Buffalo, Legal Assistance Program (R. Nils Olsen, Jr., of counsel), Buffalo, N.Y., for plaintiff.

Salvatore R. Martoche, U.S. Atty. (Jacqueline Stover, Asst. U.S. Atty., of counsel), Buffalo, N.Y., for defendant.

CURTIN, Chief Judge.

Plaintiff Shirley R. Bixler suffers from several physical ailments as well as emotional problems. She seeks a reversal of the final decision of the Secretary denying her disability insurance benefits. The Secretary has moved for a remand, claiming that, since this case involves a mental impairment, remand is mandated under Section 5(c)(1) of the Social Security Disability Benefits Reform Act of 1984, Pub.L. 98-460, 98 Stat. 1794.

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