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MADRID v. BARNHART

No. 05-2176.

447 F.3d 788 (2006)

Tony L. MADRID, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Ordered Published May 12, 2006.

Attorney(s) appearing for the Case

Michael D. Armstrong, Albuquerque, NM, for Plaintiff-Appellant.

Cynthia L. Weisman, Office of the United States Attorney District of New Mexico, Albuquerque, NM, Dianne Mullins Pryor, Office of the General Counsel Social Security Administration, Dallas, TX, for Defendant-Appellee.

Before HENRY, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

Claimant Tony L. Madrid appeals from a district court order affirming the Commissioner's denial of his application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction under 42 U.S.C. § 405(g) and 28 U.S.C. § 1291, and we reverse and remand for further proceedings.1

I. Background

Mr. Madrid filed for benefits in December 2002, alleging...

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