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FIERRO v. BOWEN

No. 85-2730.

798 F.2d 1351 (1986)

Daniel L. FIERRO, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 21, 1986.

Attorney(s) appearing for the Case

Ray Lewis Fuller of Southern New Mexico Legal Services, Inc., Las Cruces, N.M., for plaintiff-appellant.

Karen J. Behner, Asst. Regional Counsel (Edwin L. Meese, U.S. Atty. Gen., Washington, D.C., William L. Lutz, U.S. Atty., Dist. of New Mexico, Gayla Fuller, Chief Counsel, Region VI, Patrick A. Hudson, Principal Regional Counsel, Social Sec. Disability, Litigation Branch, with her on brief), Dallas, Tex., for defendant-appellee.

Before McKAY, TACHA, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Daniel L. Fierro appeals from an order and judgment of the United States District Court for the District of New Mexico which affirmed a final decision of the Secretary of the Department of Health and Human Services. The Secretary's decision had denied Fierro's application for disability insurance benefits and supplemental security income benefits. On appeal, Fierro raises two matters: (1) The Appeals Council had no power or authority to...

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