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DORSEY v. BOWEN

No. 86-3158.

828 F.2d 246 (1987)

Elsie M. DORSEY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 14, 1987.

Attorney(s) appearing for the Case

William Lewis Bott, III, for plaintiff-appellant.

James Anthony Winn, Office of the General Counsel, Dept. of Health & Human Services (Beverly Dennis, Chief Counsel, Region III; Charlotte Hardnett, Supervisory Asst., Regional Counsel; Deborah Fitzgerald, Asst. Regional Counsel; Henry E. Hudson, U.S. Atty.; Robert W. Jaspen, Asst. U.S. Atty., on brief), for defendant-appellee.

Before HALL, Circuit Judge, MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation, and MacKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

K.K. HALL, Circuit Judge:

Elsie A. Dorsey ("claimant") appeals from the district court decision denying her request to have the Secretary reconsider her social security disability claim pursuant to the new mental impairment and pain regulations promulgated after denial of benefits by the Appeals Council. Because we agree that the court erred in not requiring the Secretary to reconsider her claim under the new regulations, we reverse and remand.

I.

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