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RANDALL v. SULLIVAN

No. 91-3451.

956 F.2d 105 (1992)

Shirley RANDALL, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 19, 1992.

Attorney(s) appearing for the Case

Rodney A. Johnson, Asst. Reg. Cnsl., DHHS Office of Gen. Cnsl., Dallas, Tex., Glenn K. Schreiber, Asst. U.S. Atty., Harry Rosenberg, U.S. Atty., New Orleans, La., for defendant-appellant.

Bryan Stephen Pedeaux, Stricks & Associates, New Orleans, La., for plaintiff-appellee.

Before REAVLEY, HIGGINBOTHAM, and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Shirley Randall applied to the Secretary of Health and Human Services for benefits under 42 U.S.C. section 423(d), claiming disability due to back and neck injuries. The Secretary denied her claim, and she appealed to the district court. The district court adopted the magistrate's finding that there was no substantial evidence of record to support the Secretary's decision to deny benefits, and remanded the case back to the Secretary for a rehearing...

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