Unpublished Dispositionmahala F. Rice, Plaintiff-appellant, v. Secretary of Health and Human Services, Defendant-appellee, 834 F.2d 172 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 834 F.2d 172 (6th Cir. 1987) Oct. 26, 1987

Before DAVID A. NELSON and ALAN E. NORRIS, Circuit Judges; and JOHN PECK, Senior Circuit Judge.


Plaintiff appeals from an order of the district court affirming a decision of the Secretary denying her retirement insurance benefits because she had not attained the age of sixty-two years.

Having carefully considered the record on appeal, and the briefs of the parties, we are unable to say that the Secretary's decision is not supported by substantial evidence. Accordingly, we affirm the district court's order of December 1, 1986, upon the reasoning set forth in the Findings of Fact, Conclusions of Law and Recommendations of the magistrate, filed October 31, 1986.

PECK, Judge, dissenting.

With all due respect to my brethren, I do not agree that the Secretary's decision is supported by substantial evidence, and accordingly I would reach the contrary result.