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GARCIA FOR RODRIGUEZ v. SULLIVAN

No. 88-2819.

883 F.2d 18 (1989)

Diana GARCIA, as Next of Friend for Richard D. Rodriguez, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 11, 1989.

Attorney(s) appearing for the Case

John Barrow, Nicolas, Morris & Barrow, Corpus Christi, Tex., for plaintiff-appellant.

Harold W. Campbell, Asst. U.S. Atty., Bob Worth, U.S. Atty., Corpus Christi, Tex., Joseph B. Liken, Asst. Regional Counsel, Dept. of Health & Human Services, Dallas, Tex., for Sullivan.

Before POLITZ, DAVIS, and DUHE, Circuit Judges.

POLITZ, Circuit Judge:

Diana Garcia, on behalf of her minor son, Richard D. Rodriguez, appeals the district court's affirmance of the denial of her application for social security benefits under 42 U.S.C. §§ 416(h) and 402(d), by the Secretary of Health and Human Services. Concluding that benefits are payable, we reverse and remand for entry of an appropriate judgment.

Background

Richard Rodriguez...

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