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DILLER v. BOWEN

Civ. A. No. 86-1153.

654 F.Supp. 628 (1987)

Joanne DILLER, Plaintiff, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

United States District Court, W.D. Pennsylvania.

February 26, 1987.

Attorney(s) appearing for the Case

Cynthia C. Berger, Pittsburgh, Pa., for plaintiff.

Amy Reynolds Hay, Asst. U.S. Atty., for defendant.

OPINION

GERALD J. WEBER, District Judge.

In this Social Security appeal, plaintiff is caught in a Catch 22 engineered by the Administrative Law Judge. Because the Administrative Law Judge's conduct constitutes an abuse of discretion in violation of the Secretary's regulations, which prevents a fair determination of plaintiff's disability claim, we will vacate the decision of the Secretary and remand.

Plaintiff is a 59 year old female, 5'5" and weighs...

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