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STEWART v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 93-6682 Non-Argument Calendar.

26 F.3d 115 (1994)

Hugh STEWART, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 15, 1994.

Attorney(s) appearing for the Case

Darryl W. Hunt, Beth H. Gerwin, Clark & James, Birmingham, AL, for plaintiff-appellant.

Claude Harris, U.S. Atty., Linda S. Trippe, Asst. U.S. Atty., Birmingham, AL, for defendant-appellee.

Before HATCHETT, COX and CARNES, Circuit Judges.

HATCHETT, Circuit Judge:

Hugh Stewart appeals from the district court's judgment affirming the denial of his application for disability benefits and supplemental security income pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3). Specifically, Stewart alleges that substantial evidence did not support the Secretary of Health and Human Service's determination that he was not entitled to disability benefits. The Secretary contends that because Stewart did not file...

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