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DYER v. BARNHART

No. 04-11040.

395 F.3d 1206 (2005)

Bobby DYER, Plaintiff-Appellee, v. Jo Anne B. BARNHART, Commissioner of Social Security Administration, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 5, 2005.

Attorney(s) appearing for the Case

Thomas Mark Bondy, Tara Grove, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, Jenny Lynn Smith, Birmingham, AL, Haila Naomi Kleinman, Office of Gen. Counsel, SSA, Atl. Fed. Ctr., Atlanta, GA, for Defendant-Appellant.

R. Michael Booker, Birmingham, AL, for Plaintiff-Appellee.

Before ANDERSON, CARNES and RONEY, Circuit Judges.

PER CURIAM:

The key issue in this disability benefits case is whether the district court afforded proper deference to the agency decision of the Commissioner of the Social Security Administration ("Commissioner") to deny Social Security disability benefits to claimant Bobby Dyer. After a careful record review, we conclude that the district court erred in finding that the Commissioner's conclusion was not supported by substantial evidence.

Dyer, a fifty-five...

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