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ARZUAGA v. BOWEN

No. 77, Docket 86-6167.

833 F.2d 424 (1987)

Joaquin ARZUAGA, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 13, 1987.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., Southern District of New York (Donna H. Lieberman, Sp. Asst. U.S. Atty., Steven E. Obus, Asst. U.S. Atty., Southern District of New York, of counsel), for defendant-appellee.

Paul Eskenazi, New York City, for plaintiff-appellant.

Before CARDAMONE, WINTER and MINER, Circuit Judges

PER CURIAM:

Despite our concerted effort in opinion after opinion to educate the administrative law judges (ALJs) in the United States Department of Health and Human Services regarding this Circuit's treating physician rule, there remain some ALJs who apparently are unaware of the rule's existence. Being ignorant of it they, obviously, do not apply it, leaving us no recourse except to remand the case to the Secretary for application of the rule. Such is the situation...

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