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COFFMAN v. BOWEN

No. 87-1518.

829 F.2d 514 (1987)

Hallie COFFMAN, as Executrix of Estate of Junior R. Coffman, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1987.

Attorney(s) appearing for the Case

Montie Van Nostrand, Webster Springs, W.Va., for plaintiff-appellant.

James Anthony Winn, Asst. Regional Counsel, Office of the Gen. Counsel, Dept. of Health & Human Services (Beverly Dennis, III, Chief Counsel, Region III, Philadelphia, Pa., Charlotte Hardnett, Supervisory Assistant, Regional Counsel, Washington, D.C., Marc R. Schwartz, Asst. Regional Counsel, William A. Kolibash, U.S. Atty., Betsy C. Steinfeld, Asst. U.S. Atty., Wheeling, W. Va., on brief), for defendant-appellee.

Before ERVIN and WILKINSON, Circuit Judges, and VAN GRAAFEILAND, Senior Circuit Judge for the Second Circuit, sitting by designation.

VAN GRAAFEILAND, Circuit Judge:

Hallie Coffman, as Executrix of Estate of Junior R. Coffman, appeals from a judgment of the United States District Court for the Northern District of West Virginia (Kidd, J.), which affirmed the Secretary of Health and Human Services' denial of Junior Coffman's claim for Social Security disability benefits. For the reasons that follow, we reverse the district court's judgment with instructions to remand to the Secretary for a computation...

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