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BUTTS v. BARNHART

Docket No. 03-6115.

416 F.3d 101 (2005)

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.

Petition for Rehearing Filed: December 17, 2004.

Petition for Rehearing Decided: July 27, 2005.

Attorney(s) appearing for the Case

Eugene D. Faughnan, Hinman, Howard & Kattell, LLP, 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, Richard A. Hill, Deputy General Counsel, on the petition), New York, New York, for Defendant-Appellee.

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

Judge JACOBS dissents in a separate opinion.

WINTER, Circuit Judge.

Appellee Jo Anne B. Barnhart, Commissioner of Social Security (the "Commissioner") petitions for a rehearing by the merits panel to reconsider its decision in Butts v. Barnhart, 388 F.3d 377 (2d Cir.2004). Familiarity with this decision is assumed.

The Commissioner argues that the panel's imposition of time limits for a decision on the remand...

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