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BRANDTNER v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 97-2392.

150 F.3d 1306 (1998)

Luis BRANDTNER, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Kenneth S. Apfel, Commissioner, Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 11, 1998.

Attorney(s) appearing for the Case

Luis Brandtner, Pro se.

John J. Kelly, United States Attorney; Joan Marie Hart, Assistant United States Attorney; Arthur J. Fried, General Counsel, Social Security Administration; Charlotte J. Hardnett, Principal Deputy General Counsel; John M. Sacchetti, Associate General Counsel, Litigation Division; Etzion Brand, Acting Chief, Retirement, Survivors and Supplemental Assistance Litigation Branch, Office of the General Counsel, Social Security Administration, Baltimore, Maryland, for Defendant-Appellee.

Before TACHA and McKAY, Circuit Judges, and BROWN, Senior District Judge.

TACHA, Circuit Judge.

Plaintiff filed an application for disability insurance benefits on June 6, 1991, claiming disability since June 15, 1957. The application was denied initially and upon reconsideration, and plaintiff requested a hearing before an Administrative Law Judge (ALJ). The ALJ found that plaintiff was entitled to disability benefits beginning on December 31, 1962. The Appeals Council reopened the case on July 20, 1993, and remanded the case to the ALJ...

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