GEYEN v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 88-4204 Summary Calendar.

850 F.2d 263 (1988)

Vernon E. GEYEN, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 28, 1988.


Attorney(s) appearing for the Case

James Spruel, Jr., Gray, Spruel & Burks, Lake Charles, La., for plaintiff-appellant.

Robert Crowe, Office of Gen. Counsel, Dept. of HHS, Baltimore, Md., for defendant-appellee.

Before GEE, GARWOOD and JONES, Circuit Judges.


PER CURIAM:

Having pressed a disability claim through the administrative process and beyond on the basis of a claimed knee injury, Mr. Geyen moved the district court to remand his appeal to the Secretary for consideration of newly produced evidence that he is mentally retarded. He complains to us of the denial of that motion. It is, however, the settled law of our Circuit that new evidence is not the requisite good cause...

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