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ALLEN v. BARNHART

No. 04-2163.

417 F.3d 396 (2005)

William D. ALLEN, Appellant v. Joanne B. BARNHART, Commissioner of Social Security.

United States Court of Appeals, Third Circuit.

Filed August 8, 2005.

Attorney(s) appearing for the Case

Abraham S. Alter [Argued], Langton & Alter, Rahway, NJ, Counsel for Appellant William D. Allen.

Anthony J. LaBruna, Jr., Office of United States Attorney, Newark, NJ, Karen T. Callahan [Argued], Social Security Administration, Office of General Counsel—Region II, New York, NY, Counsel for Appellee Commissioner of Social Security.

Before: NYGAARD, McKEE, and RENDELL, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

William Allen complains of the determination of the Social Security Administration ("Agency") that Allen is capable of substantial gainful employment. Allen was awarded social security benefits in 1994 based on his manic-depressive disorder, and schizoid condition. These benefits were discontinued in 1998 based on the Agency's determination that Allen's condition had improved. Allen appealed this decision and...

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