ORPHEY v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 91-4590 Summary Calendar.

962 F.2d 384 (1992)

Zedore ORPHEY, Jr., Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 6, 1992.


Attorney(s) appearing for the Case

Lonnie R. Smith, Lake Charles, La., for plaintiff-appellant.

Joseph S. Cage, Jr., U.S. Atty., John A. Broadwell, Asst. U.S. Atty., Shreveport, La., Joseph B. Liken, Sr., Supervisory Lead Atty., Dept. of Health and Human Services, Office of Gen. Counsel, Dallas, Tex., for defendant-appellee.

Before GARWOOD, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.


PER CURIAM:

Zedore Orphey appeals from the decision of the Secretary of Health and Human Services denying his application for disability benefits. Because we cannot determine whether the Secretary applied the correct legal standard in assessing Orphey's substance abuse problem, we remand the case for further consideration.

I.

Orphey applied for disability benefits in September of 1987, alleging that he could not work because of seizures associated...

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