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SMITH v. SHALALA

No. 94-1399.

46 F.3d 45 (1995)

John R. SMITH, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 30, 1995.

Attorney(s) appearing for the Case

John August Bowman, Davenport, IA, argued (Michael DePree, on the brief), for appellant.

John Beamer, Asst. U.S. Atty., argued, for appellee.

Before WOLLMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

WOLLMAN, Circuit Judge.

In this Social Security disability case, John R. Smith appeals the denial of benefits for the period from June 16, 1991, to May 5, 1993, the date on which he was awarded disability benefits under his second application for such benefits. We reverse and remand for an award of benefits.

I

Smith's first argument is that he qualifies as a worn-out worker under 20 C.F.R. § 404.1562. That rule in pertinent part provides that...

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