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BUTTS v. BARNHART

No. 03-6115.

388 F.3d 377 (2004)

William E. BUTTS, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 3, 2004.

Attorney(s) appearing for the Case

Eugene D. Faughnan, Hinman, Howard & Kattell, Binghamton, New York, for Plaintiff-Appellant.

Sixtina Fernandez, Assistant Regional Counsel, Social Security Administration (Lisa de Soto, General Counsel, Barbara L. Spivak, Chief Counsel—Region II, of counsel), for Defendant-Appellee.

Before: WINTER, JACOBS, and STRAUB, Circuit Judges.

WINTER, Circuit Judge.

William E. Butts appeals from Judge Kahn's order remanding Butts' claim for disability benefits to the Social Security Commissioner. The remand directs further proceedings pursuant to "sentence four" of 42 U.S.C. § 405(g) to determine whether adequate jobs exist in the national economy that Butts could perform. Butts asks us to remand only for a calculation of benefits because the Commissioner failed to sustain her burden of showing through...

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