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PETERSEN v. ASTRUE

No. 09-2374.

633 F.3d 633 (2011)

David PETERSEN, Appellee, v. Michael J. ASTRUE, Commissioner of Social Security, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 3, 2011.

Attorney(s) appearing for the Case

Sydney Foster , DOJ, AAG, argued, Thomas Mark Bondy , DOJ, AAG, on the brief, Washington, DC, for appellant.

Roger D. Moore , argued, Lincoln, NE, for appellee.

Before SMITH, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

The Commissioner of Social Security appeals the district court's1 judgment reversing the Commissioner's decision to apply the Windfall Elimination Provision to David Petersen's old-age social security benefits. As we agree with the district court's well-reasoned decision, we affirm.

I.

A.

As this case intimately involves the Windfall Elimination Provision (WEP), we begin with a brief...

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