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ALLEN v. COMMISSIONER OF SOCIAL SEC.

No. 08-5342.

561 F.3d 646 (2009)

Almon Dale ALLEN, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Michael J. Astrue, Commissioner, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 27, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Craig Housman, Housman & Associates, Paducah, Kentucky, for Appellant. Jerome M. Albanese, Nancy R. Bartlett, Mary Ann Sloan, Dennis Robert Williams, Elyse Sara Sharfman, Holly A. Grimes, Social Security Administration, Office of the General Counsel, Atlanta, Georgia, James H. Barr, Assistant United States Attorney, Louisville, Kentucky, for Appellee.

ROGERS, J., delivered the opinion of the court, in which GILMAN, J., joined. CLAY, J. (pp. 654-55), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

Almon Dale Allen applied for and was denied social security benefits for the period ending September 11, 2006. While attempting to reopen this initial case, Allen filed a new benefits application and the Social Security Administration granted Allen benefits beginning September 12, 2006. Allen now appeals the denial of his first application, claiming that the initial administrative law judge violated agency procedural

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