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LEWELLEN v. SULLIVAN

No. 91-1456.

949 F.2d 1015 (1991)

James E. LEWELLEN, Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 25, 1991.

Attorney(s) appearing for the Case

Frederick S. Spencer, Mountain Home, Ark., for appellant.

Etzion Brand, Baltimore, Md. (J. Michael Fitzhugh, U.S. Atty., Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Sec., A. George Lowe, Deputy Chief Counsel for Social Sec. Disability Litigation, on brief), for appellee.

Before ARNOLD, BEAM, and LOKEN, Circuit Judges.

ARNOLD, Circuit Judge.

Plaintiff James E. Lewellen appeals from the District Court's1 order affirming the Secretary of Health and Human Services' decision not to reopen a denial of disability benefits.

Plaintiff received disability benefits from June 1972 until May 1982, when the Secretary determined that plaintiff's disability had ceased. Although aware of his right to appeal that determination, he did not do so. Several years...

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