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SUMMERS v. HECKLER

No. CV 84-179-M-RES.

618 F.Supp. 475 (1985)

Richard A. SUMMERS, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, D. Montana, Missoula Division.

October 8, 1985.

Attorney(s) appearing for the Case

Larry E. Riley, Garlington, Lohn & Robinson, Missoula, Mont., for plaintiff.

Carl Rostad, Asst. U.S. Atty., Great Falls, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

This is an appeal from a final decision of the Secretary denying Social Security benefits. There are two issues presented: The first issue relates to the duties of the Secretary in evaluating pain in cases of claimed disability; the second is whether the plaintiff is disabled under 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 1.02 (1985).

On the first issue the Administrative Law Judge (ALJ) found...

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