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BRIGGS v. MASSANARI

No. 00-7094.

248 F.3d 1235 (2001)

Wendy BRIGGS, on behalf of Johnny Austin BRIGGS, a minor, Plaintiff-Appellant, v. Larry G. MASSANARI, Acting Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 8, 2001.

Attorney(s) appearing for the Case

Submitted on the briefs:**

Richmond J. Brownson, Timothy M. White, Tulsa, Oklahoma, for Plaintiff-Appellant.

Bruce Green, United States Attorney, Muskogee, Oklahoma; Tina M. Waddell, Regional Chief Counsel, Mark J. Kingsolver, Deputy Chief Counsel, Amy J. Mitchell, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Dallas, Texas, for Defendant-Appellee.

Before SEYMOUR, BALDOCK, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Wendy Briggs brought this case to obtain judicial review of the Commissioner's determination that her minor child, Johnny Austin Briggs, does not qualify for disability benefits. The district court affirmed the Commissioner's decision. Exercising jurisdiction pursuant to 42 U.S.C. § 405(g) and 28 U.S.C. § 1291, we reverse and remand for further proceedings.

Johnny Briggs was born on July 22, 1992 with microtia and canal stenosis...

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