BROWN v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 91-3091.

948 F.2d 268 (1991)

Frank BROWN, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 1, 1991.


Attorney(s) appearing for the Case

John A. Cervay (argued and briefed), Dayton, Ohio, for plaintiff-appellant.

Leslye E. Jones (argued and briefed), John A. Morrissey, Dept. of Health and Human Services, Office of the General Counsel, Region V, Chicago, Ill., Nicholas J. Pantel, Asst. U.S. Atty., Cincinnati, Ohio, Joseph E. Kane, Asst. U.S. Atty., Columbus, Ohio, for defendant-appellee.

Before MERRITT, Chief Judge, KENNEDY, Circuit Judge, HARVEY, District Judge.


MERRITT, Chief Judge.

Plaintiff Frank Brown appeals from the District Court's decision that plaintiff is not entitled to disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 405(g). Specifically, plaintiff challenges the lower court's finding that his full scale I.Q. score of 68 was not valid for purposes of qualifying him for benefits pursuant to 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 12.05 (C). For the reasons set forth...

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