HENSLEY v. BARNHART

No. 02-3512.

334 F.3d 768 (2003)

Ben HENSLEY, Appellant, v. Jo Anne B. BARNHART, Commissioner, Social Security Administration, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2003.


Attorney(s) appearing for the Case

E. Gregory Wallace, argued, Buies Creek, NC (Anthnoy W. Bartels, Little Rock, AR, on the brief), for appellant.

Thomas C. Strafuss, argued, Asst. Reg. Cnsl., SSA, Dallas, TX, for appellee.

Before BOWMAN, RILEY, and MELLOY, Circuit Judges.


BOWMAN, Circuit Judge.

Ben Hensley appeals the decision of the District Court affirming the denial of his application for social security disability benefits. We reverse and remand the case for further proceedings because the Social Security Commissioner's determination that Hensley retained the ability to engage in substantial gainful activity is not supported by substantial evidence.

Hensley, now forty-two years old, worked off-and-on as an unskilled laborer...

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