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TOTZ v. SULLIVAN

No. 91-1658.

961 F.2d 727 (1992)

Hal E. TOTZ, Appellant, v. Louis W. SULLIVAN, Secretary of United States Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 8, 1992.

Attorney(s) appearing for the Case

Ralonda Jackson Mason, St. Cloud, Minn., argued (Ann Cofell, on the brief), for appellant.

Gary Sultz, HHS Regional Counsel, Chicago, Ill., argued (Robert Small, Asst. U.S. Atty., of Minnesota, Donna Weinstein and Richard Urbin, HHS Counsel, on the brief), for appellee.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and STUART, Senior District Judge.

LAY, Chief Judge.

Hal Totz appeals from the district court's order affirming the Secretary of Health and Human Services' denial of Totz's application for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383c (1988). We reverse and remand for further proceedings before the Secretary.

BACKGROUND

At the time of the evidentiary hearing in February of 1989, Totz was thirty-nine years old and...

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