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TACKETT v. APFEL

No. 97-36120.

180 F.3d 1094 (1999)

Richard TACKETT, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1999.

Attorney(s) appearing for the Case

Ralph Wilborn, Ralph Wilborn and Etta L. Wilborn, Eugene, Oregon, for plaintiff-appellant.

Renee C. McFarland, Assistant Regional Counsel, Seattle, Washington, for defendant-appellee.

Before: PREGERSON and THOMPSON, Circuit Judges, and MOSKOWITZ, District Judge.

PREGERSON, Circuit Judge:

In 1993, Richard Tackett applied for Social Security disability insurance benefits under 42 U.S.C. §§ 423(d) and 416(i) of the Social Security Act. In his application, he alleged that he has been disabled since September 16, 1991. In March of 1995, the Administrative Law Judge ("ALJ") determined that under the Guidelines2 Tackett's severe knee problems qualified him as disabled since his fiftieth birthday...

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