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JONES v. ASTRUE

No. 09-5414.

647 F.3d 350 (2011)

Melvin A. JONES, Appellant v. Michael J. ASTRUE, Commissioner of Social Security, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 2011.

Attorney(s) appearing for the Case

Jonathan K. Osborne , student counsel, argued the cause as amicus curiae in support of the appellant. With him on the brief were Steven H. Goldblatt , appointed by the court, Doug Keller , Supervising Attorney, and Amanda Boote Santella , student counsel.

Melvin Jones , pro se, filed briefs.

Fred E. Haynes , Assistant U.S. Attorney, argued the cause for the appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence and Alan Burch , Assistant U.S. Attorneys.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Melvin Jones challenges a judgment of the district court affirming the Social Security Administration's denial of his application for disability benefits. Jones contends that an Administrative Law Judge did not properly apply the "treating physician rule" in evaluating his application, and further argues that new evidence has come to light that warrants a remand to the agency. We agree with both contentions.

I

Jones suffers...

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