COMBS v. COMMISSIONER OF SOCIAL SECURITY

No. 04-5275.

400 F.3d 353 (2005)

Barbara COMBS, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 9, 2005.


Attorney(s) appearing for the Case

ARGUED: Timothy N. Despotes, Richmond, Kentucky, for Appellant. Jason P. Peck, Social Security Administration, Atlanta, Georgia, for Appellee. ON BRIEF: Timothy N. Despotes, Richmond, Kentucky, for Appellant. Joseph P. Palermo, III, Dennis R. Williams, Mary Ann Sloan, Douglas Wilson, Reginald Speegle, Social Security Administration, Atlanta, Georgia, for Appellee.

Before: COLE and CLAY, Circuit Judges; HOOD, District Judge.


CLAY, Circuit Judge.

Plaintiff Barbara Combs ("Combs") appeals from the January 7, 2004 judgment of the United States District Court for the Eastern District of Kentucky, granting summary judgment to Defendant Commissioner of Social Security ("the Commissioner"), and affirming Defendant's determination that Plaintiff is not entitled to disability insurance benefits. Because we hold that the Commissioner improperly evaluated Combs' claim under a new agency regulation...

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