FLATEN v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 93-35366.

44 F.3d 1453 (1995)

Wanda S. FLATEN, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 17, 1995.


Attorney(s) appearing for the Case

Dale L. McGarvey, McGarvey, Heberling, Sullivan, Kalispell, MT, for plaintiff-appellant.

Barnard F. Hubley, Asst. U.S. Atty., Helena, MT, for defendant-appellee.

Before: GOODWIN, D.W. NELSON, and HALL, Circuit Judges.


D.W. NELSON, Circuit Judge:

Appellant Wanda S. Flaten appeals the ruling of the district court affirming the decision of the Secretary of Health & Human Services (the "Secretary") to deny disability benefit payments under section 223 of the Social Security Act (the "Act"), 42 U.S.C. § 423(a)(1). Flaten argues that the district court erred because her current disability, resulting from degenerative disc disease, should relate back to a prior period when she...

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