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RADFORD v. COLVIN

No. 13-1021.

734 F.3d 288 (2013)

Jimmy RADFORD, Plaintiff-Appellee, v. Carolyn W. COLVIN, Acting Commissioner of Social Security, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 29, 2013.

Attorney(s) appearing for the Case

ARGUED: Samantha Lee Chaifetz , United States Department of Justice, Washington, D.C., for Appellant. Charlotte Williams Hall , Charles T. Hall Law Firm, Raleigh, North Carolina, for Appellee. ON BRIEF: David F. Black , General Counsel, Gabriel R. Deadwyler , Attorney, Social Security Administration, Baltimore, Maryland; Thomas G. Walker , United States Attorney, Raleigh, North Carolina, Stuart F. Delery , Principal Deputy Assistant Attorney General, Michael S. Raab , Attorney, Sparkle L. Sooknanan , Attorney, Civil Division, United States Department of Justice, Washington, D.C., for Appellant.

Vacated and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge GREGORY and Judge KEENAN joined.

DAVIS, Circuit Judge:

Jimmy Radford applied for social security disability benefits after he sustained an injury to his back. An Administrative Law Judge (ALJ) denied Radford's claim, finding, among other things, that he was not disabled because his back impairment did not "meet or equal" Listing 1.04A, the regulation identifying disorders of the spine that merit a conclusive presumption of disability and an award of benefits. 20 C.F.R. Part 404, Subpart P, App. 1...

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