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CLIFTON v. CHATER

No. 95-3128.

79 F.3d 1007 (1996)

Danny CLIFTON, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 26, 1996.

Attorney(s) appearing for the Case

Cynthia J. Patton of Patton & Patton, P.A., Topeka, Kansas, for Plaintiff-Appellant.

Randall K. Rathbun, United States Attorney, Jackie A. Rapstine, Assistant United States Attorney (Frank V. Smith III, Chief Counsel, Region VII, Kristi A. Schmidt, Assistant Regional Counsel, Kansas City, Missouri, of Counsel), Topeka, Kansas, for Defendant-Appellee.

Before PORFILIO, KELLY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Appellant Danny Clifton filed an application for Social Security benefits, alleging a disability beginning on June 30, 1991, due to a back injury. After a hearing, an administrative law judge (ALJ) concluded at step five of the five-part sequential evaluation process, see 20 C.F.R. 404.1520; Williams v. Bowen, 844 F.2d 748, 750-52 (10th Cir.1988), that appellant could still perform limited sedentary...

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