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CARLSON v. SCHWEIKER

No. 82-2393.

715 F.2d 401 (1983)

Richard E. CARLSON, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 18, 1983.

Attorney(s) appearing for the Case

David L. Ramp, Duluth, Minn., for appellant.

James M. Rosenbaum, U.S. Atty., Minneapolis, Minn., Mary L. Egan, Asst. U.S. Atty., for appellee; Donna Morros Weinstein, Regional Atty., U.S. Dept. of Health and Human Services, Mimi H. Leahy, Asst. Regional Atty., Chicago, Ill., of counsel.

Before HENLEY, Senior Circuit Judge, and J.R. GIBSON and FAGG, Circuit Judges.

PER CURIAM.

Richard E. Carlson appeals from an order of the district court affirming the final decision of the Secretary of Health and Human Services denying his application for Social Security disability benefits. We reverse and remand for further proceedings because the administrative law judge (ALJ) failed properly to allocate the burden of proof in assessing whether Carlson was able to perform any substantial gainful activity.

On appeal, Carlson contends...

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