SMITH v. HECKLER

No. 84-2134.

782 F.2d 1176 (1986)

Thomas W. SMITH, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 3, 1986.


Attorney(s) appearing for the Case

Charles T. Hall, Raleigh, N.C., for appellant.

R.A. Renfer, Jr. (Richard K. Willard, Asst. Atty. Gen., Samuel T. Currin, U.S. Atty., Donald A. Gonya, Asst. Gen. Counsel, Randolph W. Gaines, Deputy Asst. Gen. Counsel for Litigation, Debra Hollis, Atty., Office of Gen. Counsel, Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md., on brief), for appellee.

Before SPROUSE and WILKINSON, Circuit Judges, and HOFFMAN, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


WALTER E. HOFFMAN, Senior District Judge:

Thomas W. Smith appeals from a judgment of the United States District Court for the Eastern District of North Carolina affirming the decision of the Secretary of Health and Human Services ("Secretary"), which denied Smith's application for a period of disability and disability insurance benefits. Concluding that the Secretary's decision is deficient in a pivotal finding, we vacate the judgment of the district court and remand...

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