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FOSTER v. HECKLER

No. 85-1252.

780 F.2d 1125 (1986)

Ivan Ned FOSTER, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 7, 1986.

Attorney(s) appearing for the Case

Philip A. Lehman (North State Legal Services, Graham, N.C. on brief) for appellant.

Cheryl Nikonovich-Kahn, Office of Gen. Counsel, Dept. of Health and Human Services, Washington, D.C. (Kenneth W. McAllister, U.S. Atty., Benjamin H. White, Jr., Asst. U.S. Atty., Greensboro, N.C. on brief), for appellee.

Before PHILLIPS and ERVIN, Circuit Judges, and McMILLAN, United States District Judge for the Western District of North Carolina, sitting by designation.

ERVIN, Circuit Judge:

Ivan Ned Foster appeals from a judgment of the district court affirming the Secretary's decision to deny Foster's application for Social Security disability insurance benefits. Finding that the Secretary improperly evaluated Foster's pain and erroneously disregarded the treating physician's testimony, we conclude that the Secretary's decision is not supported by substantial evidence. Accordingly, we reverse the district court's judgment.

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