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JUSZCZYK v. ASTRUE

No. 07-2971.

542 F.3d 626 (2008)

James JUSZCZYK, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 15, 2008.

Attorney(s) appearing for the Case

James H. Green, Kansas City, MO, for appellant.

Mark S. Naggi, Spec. Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellant; Kristi A. Schmidt, Acting Chief Counsel, Region VII, Social Sec. Admin., Kansas City, MO, of counsel.

Before LOKEN, Chief Judge, JOHN R. GIBSON and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

James Juszczyk applied for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. His application was denied, and a timely request for hearing was filed. After a hearing, an administrative law judge of the Social Security Administration again denied Juszczyk's application, finding he was not under a "disability" as defined in the Act. The Appeals Council denied Juszczyk's request for review, and...

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