Unpublished Dispositionleslie D. Dewitt, Plaintiff-appellant, v. Secretary of Health and Human Services, Defendant-appellee, 772 F.2d 906 (6th Cir. 1985)

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US Court of Appeals for the Sixth Circuit - 772 F.2d 906 (6th Cir. 1985) 8/12/85

N.D. Ohio

VACATED AND REMANDED

ORDER

BEFORE: KEITH, MERRITT and KENNEDY, Circuit Judges.


This matter is before the Court on the motion of appellee to remand this case to the Secretary for additional consideration. Initially, it was determined that appellant was not disabled within the meaning of the Social Security Act. However, since the initial determination, appellant has re-applied for disability benefits and adduced sufficient evidence to warrant the Secretary's determination that appellant has now established that he is disabled.

Therefore it is ORDERED that the judgment of the district court be vacated and the case remanded to the district court for further remand to the Secretary for an award of benefits in accordance with the Secretary's representation that appellant has now established his disability.

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