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RICE v. CHATER

No. 95-2300.

86 F.3d 1 (1996)

George RICE, Jr., Plaintiff, Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 29, 1996.

Attorney(s) appearing for the Case

Gretchen Bath on brief Providence, RI, for appellant.

Sheldon Whitehouse, United States Attorney, Providence, RI, Anthony C. Digioia, Assistant U.S. Attorney, Providence, RI, and Gerald Luke, Attorney, Social Security Administration, Winchester, MA, on brief, for appellee.

Before TORRUELLA, Chief Judge, CYR and STAHL, Circuit Judges.

PER CURIAM.

Appellant George Rice appeals from the district court's decision affirming the termination of Rice's disability benefits by the Commissioner of Social Security ("Commissioner"). We vacate the decision and remand.

1. Erroneous Legal Standard Applied

Rice was determined to be disabled as of January 1976 because he was found to have a urinary-kidney impairment which met or equalled then Listing 6.04. Under that listing, claimants...

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