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CAVITT v. SCHWEIKER

No. 82-1411.

704 F.2d 1193 (1983)

Floyd F. CAVITT, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 12, 1983.

Attorney(s) appearing for the Case

Reginald LaBunker and Gary R. Terrill of McCullough, Wareheim & LaBunker, Topeka, Kan., for plaintiff-appellant.

Jim J. Marquez, U.S. Atty., Karen Humphreys, Asst. U.S. Atty., Topeka, Kan., and Joseph S. Friedman, Trial Atty., Office of the Gen. Counsel, Social Security Div., Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before SETH, Chief Judge, and McWILLIAMS and SEYMOUR, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is an appeal from a district court judgment upholding the Secretary of Health and Human Services' denial of disability insurance benefits to Floyd F. Cavitt.1 Jurisdiction is based on 42 U.S.C. § 405(g) and 28 U.S.C. § 1291. We reverse.

1. Background

To ensure uniformity in adjudication of claims for disability benefits, the Secretary has since 1979 employed a systematized sequential...

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