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McNABB v. BARNHART

No. 02-16225.

340 F.3d 943 (2003)

Michael MCNABB, Plaintiff-Appellant, v. Jo Anne BARNHART, Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2003.

Attorney(s) appearing for the Case

Jesse S. Kaplan, Sacramento, California, for the plaintiff-appellant.

Geralyn A. Gulseth, Assistant Regional Counsel, Social Security Administration, San Francisco, California, for the defendant-appellee.

Before: MARY M. SCHROEDER, Chief Judge, DOROTHY W. NELSON and WILLIAM A. FLETCHER, Circuit Judges.

Argued and Submitted June 11, 2003 — San Francisco, California.

OPINION

SCHROEDER, Chief Judge:

This social security case arises out of a factual situation that the district court aptly characterized as a bit out of the ordinary. It involves a claim for disability benefits for successive disabilities of entirely different origins.

Plaintiff-appellant Michael McNabb was originally awarded disability benefits in 1992 on the basis of...

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