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ALLEN v. BARNHART

No. 03-7036.

357 F.3d 1140 (2004)

Thomas Joel ALLEN, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner, Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 4, 2004.

Attorney(s) appearing for the Case

Michael D. Clay, Tulsa, OK, for Plaintiff-Appellant.

Sheldon J. Sperling, United States Attorney; Cheryl Triplett, Assistant United States Attorney; Tina M. Waddell, Regional Chief Counsel, Michael McGaughran, Deputy Regional Chief Counsel, Michelle M. Montemayor, Assistant Regional Counsel, Social Security Administration, Office of the General Counsel, Region VI, Dallas, TX, for Defendant-Appellee.

Before SEYMOUR, BRISCOE, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Plaintiff Thomas Joel Allen appeals from a district court order affirming the denial of his application for disability benefits. The district court (adopting the magistrate judge's findings and recommendations) effectively conceded that the administrative law judge (ALJ) erred in his analysis, but upheld the denial of benefits nonetheless by relying upon certain analytical revisions offered on judicial...

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