WALLS v. BARNHART

No. 01-2459.

296 F.3d 287 (2002)

Tyrone WALLS, Plaintiff-Appellee, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 15, 2002.


Attorney(s) appearing for the Case

ARGUED: Kathleen Anne Kane, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Dennis E. Wasitis, Law Office of Joan A. Birmingham, Baltimore, Maryland, for Appellee. ON BRIEF: Robert D. McCallum, Assistant Attorney General, Thomas M. DiBiagio, United States Attorney, John C. Hoyle, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Joan A. Birmingham, Law Office of Joan A. Birmingham, Baltimore, Maryland, for Appellee.

Before TRAXLER, Circuit Judge, BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation, and PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Senior Judge BEAM wrote the opinion, in which Judge TRAXLER and Judge PAYNE joined.

OPINION

BEAM, Senior Circuit Judge.

The Commissioner of Social Security (Commissioner) appeals the order of the magistrate judge1 vacating and remanding the administrative law judge's (ALJ) decision to uphold the Commissioner's denial of benefits to Tyrone Walls. The Commissioner contends that the district...

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