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BAKER v. SECRETARY, HEALTH AND HUMAN SERVICES

Civ. No. 91-331-JD.

799 F.Supp. 232 (1992)

Ronald R. BAKER v. SECRETARY, HEALTH AND HUMAN SERVICES.

United States District Court, D. New Hampshire.

September 22, 1992.

Attorney(s) appearing for the Case

Ronald K. Lospennato, Concord, N.H., for plaintiff.

Gretchen Leah Witt, Asst. U.S. Atty., Concord, N.H., for defendant.

OPINION AND ORDER

PEREZ-GIMENEZ, District Judge, sitting by designation.

This case presents two issues which have engendered a myriad of judicial decisions from numerous courts throughout the nation. First, whether a district court's remand, pursuant to sentence four of 42 U.S.C. sec. 405(g), so that a rehearing before the Secretary of Health and Human Services ("the Secretary") may take place, automatically confers upon a claimant the "prevailing party...

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