BRANDYBURG v. SULLIVAN

No. 91-8078 Summary Calendar.

959 F.2d 555 (1992)

Donald BRANDYBURG, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 26, 1992.


Attorney(s) appearing for the Case

Mary Ellen Felps, Austin, Tex., for plaintiff-appellant.

Michael S. Shachat, Trial Atty., Dept. of Health and Human Services, Baltimore, Md., Ronald E. Ederer, U.S. Atty., James W. Jennings, Jr., Asst. U.S. Atty., San Antonio, Tex., for defendant-appellee.

Before GARWOOD, HIGGINBOTHAM and BARKSDALE, Circuit Judges.


GARWOOD, Circuit Judge:

Plaintiff-appellant Donald Brandyburg (Brandyburg) applied for supplemental security income (SSI) disability benefits under Title XVI of the Social Security Act. His application was denied, and, after he failed to attend a scheduled hearing before an administrative law judge (ALJ), the ALJ dismissed his request for a hearing. Brandyburg filed this suit in district court challenging the dismissal. The district court dismissed the complaint on...

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