WEAKLEY v. HECKLER

No. 85-1978.

795 F.2d 64 (1986)

George R. WEAKLEY, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 25, 1986.


Attorney(s) appearing for the Case

Paul F. McTighe, Jr., Tulsa, Okl., for plaintiff-appellant.

Thomas Stanton, Asst. Regional Atty. (Edwin L. Meese, U.S. Atty. Gen.; Roger Hilfiger, U.S. Atty. for E.D. Okl., Lynda C. Burris, Asst. U.S. Atty., Gayla Fuller, Regional Atty., and Valerie Olds, Asst. Regional Atty., U.S. Dept. of Health and Human Services, with him on brief), Office of the General Counsel, U.S. Dept. of Health and Human Services, Dallas, Tex., for defendant-appellee.

Before McKAY and ANDERSON, Circuit Judges, and JOHNSON, District Judge.


McKAY, Circuit Judge.

George Weakley appeals the denial of his request for disability insurance benefits. See 42 U.S.C. §§ 416(i), 423 (1982 & Supp. II 1984). He applied for benefits after suffering a back injury at work. An administrative law judge (ALJ) found that his back impairment met disability Listing 1.05 C of 20 C.F.R. part 404, subpart P, appendix 1 (Listing of Impairments). Record, vol. 2, at 20. However, the ALJ found that Mr. Weakley...

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