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BOYES v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 93-4012.

46 F.3d 510 (1994)

David Lee BOYES, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 13, 1994.

Attorney(s) appearing for the Case

Marcia W. Margolius (argued and briefed), Brown & Margolius, Cleveland, OH, for plaintiff-appellant.

Kent W. Penhallurick, Asst. U.S. Atty., Cleveland, OH (argued and briefed), for defendant-appellee.

Before: KENNEDY and SUHRHEINRICH, Circuit Judges; and ZATKOFF, District Judge.

SUHRHEINRICH, Circuit Judge.

David Boyes appeals the district court's judgment affirming the Secretary's final decision denying Boyes' application for disability insurance benefits and supplemental security income (SSI) under the Social Security Act. For the following reasons, we REVERSE and REMAND for an award of benefits.

I.

Boyes received disabled child's insurance benefits because of a mental impairment (full scale IQ...

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