CULBERTSON v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 88-1531.

859 F.2d 319 (1988)

Sandra CULBERTSON, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1988.


Attorney(s) appearing for the Case

John Bagnel Duggan (Edwards, Duggan, Reese and McKinney, P.A., Greer, S.C., on brief), for plaintiff-appellant.

Daniel Gerard Reidford, Asst. Regional Counsel (Bruce R. Granger, Chief Counsel, Mack A. Davis, Deputy Chief Counsel for Social Sec. Disability Litigation and Programs, Washington, D.C., Haila Kleinman, Asst. Regional Counsel, David L. Stephens, Asst. Regional Counsel, Dept. of Health and Human Services, Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Vinton D. Lide, U.S. Atty., Columbia, S.C., on brief), for defendant-appellee.

Before HALL, MURNAGHAN, and WILKINS, Circuit Judges.


K.K. HALL, Circuit Judge:

Sandra Culbertson, a claimant seeking an award of disabled child benefits under Title II of the Social Security Act, appeals an order of the district court remanding her case to the Secretary for further administrative proceedings. We conclude that the district court's order operates as a final denial of benefits to which Culbertson has demonstrated an entitlement. Accordingly, we reverse and remand.

I.

Culbertson was born...

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