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ISTRE v. APFEL

No. 99-30136.

208 F.3d 517 (2000)

Elmo ISTRE, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 13, 2000.

Attorney(s) appearing for the Case

Dianne M. Mayo, Lake Charles, LA, for Plaintiff-Appellant.

Kelly R. Newbill, Dallas, TX, for Defendant-Appellee.

Before DAVIS, CYNTHIA HOLCOMB HALL and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Elmo Istre appeals an order of the district court remanding his disability-benefits claim for further consideration by the Social Security Appeals Council. Because we agree with Istre that the remand comported with neither type of remand approved by the Social Security Act, we vacate and remand to the district court for further consideration.

I.

Istre applied for supplemental security income disability benefits. An...

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