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STEWART v. ASTRUE

No. 08-1386.

552 F.3d 26 (2009)

William M. STEWART, Plaintiff, Appellee, v. Michael J. ASTRUE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 7, 2009.

Attorney(s) appearing for the Case

Gregory G. Katsas, Acting Assistant Attorney General, Michael J. Sullivan, United States Attorney, Thomas M. Bondy and Christopher J. Walker, Attorneys, Appellate Staff on brief for appellant.

William M. Stewart on brief pro se.

Before LIPEZ, SELYA, and HOWARD, Circuit Judges.

PER CURIAM.

In this case, the Commissioner of Social Security appeals from the sua sponte order of the United States District Court for the District of Massachusetts directing the Commissioner to reopen an application for disability benefits that claimant William Stewart allegedly had filed in 1988. See Stewart v. Astrue, 532 F.Supp.2d 243 (D.Mass.2008). However, because (1) there is a legitimate question whether such...

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