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BRISCOE EX REL. TAYLOR v. BARNHART

No. 04-2251.

425 F.3d 345 (2005)

Kathleen BRISCOE, on behalf of Nelson TAYLOR, deceased, Plaintiff-Appellee, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 2005.

Attorney(s) appearing for the Case

Barry A. Schultz (argued), Evanston, IL, for Plaintiff-Appellee.

Kathryn A. Beverly (argued), Social Security Administration, Office of the General Counsel, Chicago, IL, for Defendant-Appellant.

Before MANION, WOOD, and WILLIAMS, Circuit Judges.

WOOD, Circuit Judge.

This is a somewhat unusual Social Security appeal. After an Administrative Law Judge (ALJ) rejected Nelson Taylor's application for disability benefits under Title II of the Social Security Act, 42 U.S.C. § 423, he appealed and persuaded the district court to remand the case for an award of benefits. The Commissioner of the Social Security Administration is thus the appellant before us; she argues that the district court erred in its conclusion...

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