WATERS v. BARNHART

No. 00-41432.

276 F.3d 716 (2002)

James R. WATERS, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 8, 2002.


Attorney(s) appearing for the Case

John G. Heike (argued), East Texas Legal Services, Tyler, TX, for Plaintiff-Appellant.

Kesha Germell Simmons (argued), Social Security Administration Office of General Counsel, Dallas, TX, for Defendant-Appellee.

Before JOLLY and PARKER, Circuit Judges, and SPARKS, District Judge.


E. GRADY JOLLY, Circuit Judge:

Waters sought disability benefits from the Social Security Administration based on a broken ankle and other related injuries. An Administrative Law Judge ("ALJ") awarded Waters disability for a closed period — that is, between November 27, 1993 and November 5, 1996. In determining the cessation date for the period, the ALJ principally placed the burden on Waters to show that his disability continued past this date. Following the...

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