SORENSON v. BOWEN

No. 89-4002.

888 F.2d 706 (1989)

Boyd L. SORENSON, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 1, 1989.


Attorney(s) appearing for the Case

Clella Lawrence, Provo, Utah (Michael E. Bulson, Ogden, Utah, with her on the brief), of Utah Legal Services, Inc., for plaintiff-appellant.

Deana Rosemarie Ertl-Lombardi, Asst. Regional Counsel, Dept. of Health and Human Services, Denver, Colo. (Dee V. Benson, U.S. Atty., Richard D. Parry, Asst. U.S. Atty., Salt Lake City, Utah, [Ronald S. Luedemann, Chief Counsel, Thomas A. Nelson, Jr., Deputy Chief Counsel, Dept. of Health and Human Services, Denver, Colo., of counsel] with her on the brief) for defendant-appellee.

Before LOGAN, SETH and MOORE, Circuit Judges.


PER CURIAM.

This matter comes to us on appeal from the district court, which affirmed denial of Boyd L. Sorenson's application for social security benefits. Sorenson v. Bowen, 709 F.Supp. 1045 (D.Utah 1988). The issue on appeal is whether the appeals council's decision was supported by substantial evidence. We conclude that it was not and reverse with instructions to award benefits to Sorenson as of the date of the commencement...

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