SHEPHERD v. APFEL

No. 98-5115.

184 F.3d 1196 (1999)

Dwayne L. SHEPHERD, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed July 15, 1999.


Attorney(s) appearing for the Case

Paul F. McTighe, Jr., Tulsa, Oklahoma, for Plaintiff-Appellant.

Stephen C. Lewis, United States Attorney, Tina M. Waddell, Chief Counsel, Region VI, Mark J. Kingsolver, Deputy Chief Counsel, Linda Green, Assistant Regional Counsel, SSA-Office of the General Counsel, Social Security Administration, Dallas, Texas, for Defendant-Appellee.

Before PORFILIO, McKAY, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

In this case, we join the majority of other circuits in concluding that the medical improvement standard, as created in 42 U.S.C. § 423(f) and defined by 20 C.F.R. § 404.1594(b)(1), applies in "closed period" cases in which a disability claimant is found to have been disabled for a finite period of time.1 Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm in part, reverse in part, and...

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