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GARCIA v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 93-4252.

46 F.3d 552 (1995)

Carlos GARCIA, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 7, 1995.

Attorney(s) appearing for the Case

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

Suzanne Duman (briefed), Dept. of Health and Human Services, Office of the Gen. Counsel, Region V, Chicago, IL, and Marlon A. Primes, Office of the U.S. Atty., Cleveland, OH, for defendant-appellee.

Before: WELLFORD, RYAN, and BATCHELDER, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which RYAN, J., joined. WELLFORD, J. (pp. 559-60), delivered a separate concurring opinion.

BATCHELDER, Circuit Judge.

The appellant appeals the district court's decision affirming the denial of social security disability benefits and supplemental security income by the Secretary of Health and Human Services ("Secretary"). The central issue of this appeal is whether the Secretary, in determining a claimant...

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