BURNS v. BARNHART

No. 02-1091.

312 F.3d 113 (2002)

Joseph BURNS, Appellant v. *Jo Anne B. BARNHART, Commissioner of the Social Security Administration *(Pursuant to F.R.A.P. 43(c))

United States Court of Appeals, Third Circuit.

Filed December 4, 2002.


Attorney(s) appearing for the Case

Michael P. Boyle [Argued], Philadelphia, PA, for Appellant.

Tara A. Czekaj [Argued], Social Security Administration, OGC/Region III, Philadelphia, PA, for Appellee.

Before BECKER, Chief Judge, ROTH and RENDELL, Circuit Judges.


OPINION OF THE COURT

RENDELL, Circuit Judge.

Appellant, Joseph Burns, challenges the denial of his application for Supplemental Security Income (SSI) under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. While we reject Burns' argument that the record, as it exists, establishes his eligibility for SSI, we will reverse and remand because we find that the hypothetical question posed to the vocational expert by the administrative...

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