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NIELSON v. SULLIVAN

No. 92-4099.

992 F.2d 1118 (1993)

Dick NIELSON, Plaintiff-Appellant, v. Louis W. SULLIVAN, in his capacity as Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 5, 1993.

Attorney(s) appearing for the Case

Maureen L. Cleary, Salt Lake City, UT, for plaintiff-appellant.

David J. Jordan, U.S. Atty., Carlie Christensen, Asst. U.S. Atty., Salt Lake City, UT (Ronald S. Luedemann, Chief Counsel, Region VIII, Thomas A. Nelson, Jr., Deputy Chief Counsel, Region VIII, Deana R. Ertl-Lombardi, Asst. Regional Counsel, Dept. of Health & Human Services, Denver, CO), for defendant-appellee.

Before SEYMOUR and ANDERSON, Circuit Judges, and RUSSELL, District Judge.

SEYMOUR, Circuit Judge.

Claimant Dick Nielson appeals from the district court's order affirming the decision of the Secretary of Health and Human Services to deny his request for social security benefits.1 We reverse.

Mr. Nielson applied for disability insurance benefits on October 6, 1988, alleging disability since May 10, 1987, due to lower spinal disc deterioration. Aplt.App. at 110. He was 56 years old at the alleged onset...

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